Ridgecity Holdings Pty Ltd and City of Albany

Ridgecity Holdings Pty Ltd sought to amend their planning application to substitute new plans for the proposed development of a property in Albany. The City of Albany opposed the amendment, arguing that the new plans were evidence of things said or done in mediation and therefore could not be considered by the court. The primary issue for the court was whether the amended plans constituted evidence of things said or done in mediation and whether they could be considered in determining the application.

The court found that the amended plans were not evidence of things said or done in mediation, as they were prepared independently by the applicant's architect as a result of discussions with the City of Albany. The court also found that there was no change to the essential character of the development and that the amended plans were consistent with the original application. The court held that the amended plans could be considered in determining the application and that the applicant had leave to amend the application by substituting the amended plans for the proposed development.

The court emphasised that the mediation process is confidential and that any documents prepared as a result of mediation should not be disclosed without the consent of all parties. However, the court found that the amended plans in this case were not evidence of things said or done in mediation and could be considered in determining the application. The court granted the applicant leave to amend the application by substituting the amended plans for the proposed development.