Elanor Investors Limited v Sydney Zoo Pty Limited [2019] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: Elanor Investors Limited v Sydney Zoo Pty Limited [2019] NSWLEC 80 Hearing dates: 4 June 2019 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Class 4 Before: Pain J Decision: See [33] of judgment Catchwords: PRACTICE AND PROCEDURE – application for leave to rely on amended summons and amended points of claim – pleadings embarrassing as vague – essential facts necessary for claim to succeed not identified – leave to re-plead granted Legislation Cited: Civil Procedure Act 2005 s 56 Environmental Planning and Assessment Act 1979 Cases Cited: Alexandria Landfill Pty Ltd Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 4) [2018] NSWLEC 31 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Gunns Limited v Marr [2005] VSC 251 Hastie Group Ltd (in liq) v Bourne; Hastie Group Ltd (in liq) v Moore [2017] NSWSC 709 HFPS Pty Limited (Trustee) v Tamaya Resources Limited (in Liq) (No 2) [2016] FCA 446 Knowles v Roberts (1888) 38 Ch D 263 at 270 McGuirk v University of New South Wales [2009] NSWSC 1424 Trans Realties Pty Ltd v Grbac [1975] 1 NSWLR 170 Category: Procedural and other rulings Parties: Elanor Investors Limited (Applicant) Sydney Zoo Pty Limited (Respondent) Representation: COUNSEL: N Eastman (Applicant) A Shearer (Respondent)