Wollongong Coal Ltd v Minister for Planning

Land and Environment Court New South Wales Medium Neutral Citation: Wollongong Coal Ltd v Minister for Planning [2016] NSWLEC 113 Hearing dates:2 September 2016Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction:Class 4Before: Pain J Decision: (1) The Applicant’s Notice of Motion filed 30 August 2016 is dismissed.(2) The Applicant is to pay the First Respondent’s costs of the Notice of Motion filed 30 August 2016. Catchwords: PROCEDURE – whether leave to amend summons ought be granted – leave to amend summons not granted Legislation Cited: Civil Procedure Act 2005, s 64 Environmental Planning and Assessment Act 1979, s 23D(1)(b)(ii), Pt 3A Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Securities and Investments Commission v Rich [2005] NSWSC 706 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 Category:Procedural and other rulingsParties: Wollongong Coal Ltd (Applicant) Minister for Planning (First Respondent) Planning and Assessment Commission (Second Respondent) Representation: COUNSEL: D Hume (Applicant) A Shearer & T Phillips (First Respondent) N/A (Second Respondent)   SOLICITORS: Minter Ellison (Applicant) Department of Planning and Environment (First and Second Respondent) File Number(s):16/197023EX TEMPORE Judgment By Notice of Motion (NOM) filed 30 August 2016 the Applicant Wollongong Coal Ltd seeks leave to amend the Summons filed on 29 June 2016 to add an amended ground 2 and a new ground 3. The matter is set down for hearing on 22-23 September 2016 and the timetable for the filing of...