Arbus Pottsville Pty Limited V Tweed Shire Council [2026] NSWLEC 1616
Before: Froh R · NSW Land and Environment Court
Summary
NOTICE OF MOTION — seeking leave to amend a development application — costs thrown away — seeking leave to consolidate proceedings — vacate hearing dates — dictates of justice — costs — fair and reasonable
Catchwords
NOTICE OF MOTION — seeking leave to amend a development application — costs thrown away — seeking leave to consolidate proceedings — vacate hearing dates — dictates of justice — costs — fair and reasonable
Outcome
The court orders that: (1) Leave is granted for the applicant, under s 64 of the Civil Procedure Act 2005 (NSW), to file and serve the amended Class 1 Application form set out in Tab 7 of Exhibit MS-1. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendment in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. (3) The motion filed on 28 August 2026 in the 2026 appeal is otherwise dismissed. (4) The motion filed on 26 August 2026 is dismissed. (5) The applicant is to pay the respondent’s costs of its appearance on 3 September 2026.
Legislation cited
Civil Procedure Act 2005 (NSW), ss 56, 58, 64, 66 Environmental Planning and Assessment Act 1979 (NSW), s 8.15 Land and Environment Court Act 1979 (NSW), s 39 Roads Act 1993 (NSW), s 138 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Land and Environment Court Rules 2007 (NSW), r 3.7
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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