Fred Caterson Champions Inc. v The Hills Shire Council (No 5) [2026] NSWLEC 82
Before: Pepper J · NSW Land and Environment Court
Summary
The Applicant Seeks Leave to Amend its Amended Summons By notice of motion filed on 30 June 2026, the applicant, Fred Caterson Champions Inc (“FCCI”), seeks to further amend its amended summons filed initially on 4 September 2025. The application is opposed by the respondent, The Hills Shire Council (“the Council”). The factual background to the motion was set out in Fred Caterson Champions Inc t/as Fred Caterson Champions v The Hills Shire Council [2026] NSWCA 68, and is repeated here for
Catchwords
PROCEDURE: late application to amend pleadings – applicable legal principles – inadequacy of explanation for delay in filing application – whether any genuine prejudice to the non-amending party – leave to amend granted
Outcome
Leave to amend granted. Applicant to pay respondent’s costs thrown away.
Legislation cited
Civil Procedure Act 2005, ss 56, 57, 58, 64 Environmental Planning and Assessment Act 1979, ss 5.5, 5.5(1)
Read the full judgment
Authoritative text on NSW Caselaw · ~32k words
Related decisions
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Georges River Council · 30 June 2026
Investment 8888 v Blacktown City Council [2026] NSWLEC 1315
Blacktown City Council · 29 May 2026
Arcadia Construction (NSW) Pty Ltd v Bayside Council [2026] NSWLEC 1316
Bayside Council · 29 May 2026
Stassos v Canterbury-Bankstown Council [2026] NSWLEC 1313
Canterbury-Bankstown Council · 29 May 2026
La Luce 77 Pty Ltd v Fairfield City Council [2026] NSWLEC 1300
Fairfield City Council · 28 May 2026