Currency Corporation Pty Ltd v Wyong Shire Council

Currency Corporation Pty Ltd filed an application for leave to amend its plans in relation to a development application with Wyong Shire Council. The application was heard by the Land and Environment Court of New South Wales, where the council opposed the application. The primary legal issue before the court was whether the applicant should be granted leave to amend the plans and, if so, what conditions should apply to such leave. The court considered whether the amendment was significant enough to warrant a new assessment and if there were any grounds to deny the amendment.

The court ruled that the applicant should be granted leave to amend the plans but imposed certain conditions. The applicant had to pay a fee equivalent to the original development application fee and a notification fee for the amended plans. The court also set a timeline for the respondent to file an amended Statement of Issues and ordered a directions hearing. Additionally, the applicant was required to pay the respondent's costs of the proceedings from a specified date, with exceptions for costs associated with a particular notice of motion. The hearing dates were vacated, and liberty to restore was granted.

In conclusion, the court granted the applicant's request for leave to amend the plans but required the payment of certain fees and set a timeline for further proceedings. The applicant was also ordered to pay the respondent's costs from a specific date, with exceptions noted. The directions hearing was set for a later date, and the respondent was required to file an amended Statement of Issues by a specified deadline.