However, he gave the DRD until Wednesday to make further submissions on the matter.
The DRD did say that senior counsel has been instructed by the department to strongly rebut the legal challenge.
The judge declined to impose any cap on the costs recoverable from the DRD should the campaigners ultimately win.
BBC: Alternative A5 Alliance face bill of ?20,000 if case lost
But the case was adjourned on Wednesday as a DRD barrister was unavailable.
It will be made up of agencies including DRD, Roads Service, the police, Translink, city centre traders and the council.
Their cars are not clamped, Stormont's Department for Regional Development (DRD) does not employ debt collectors and defaulters do not face court proceedings.
The Department for Regional Development (DRD) has been given more time to make submissions in a legal case over the A5 dual carriageway.
The DRD was also ordered to pay the adjournment hearing costs.
The report stated that the DRD investigation "failed to apply the professional investigative standards that we have seen delivered in other reviews of serious whistleblower complaints".
The Audit Office also criticised the delay to the the original DRD investigation and said "the allegations were not addressed in a timely and prompt manner".
The bulk of the wardens duties are in enforcing the DRD's current parking regulations and it makes increasing sense to have them controlled by the same department.
However, the Department of Regional Development (DRD) has said that most of the work will be carried out during off-peak hours in order to minimise traffic disruption.
That's what landed Duane Reade (nyse: DRD - news - people ), New York City's dominant drugstore chain, in big trouble a few years ago.
On 3 October, officials from the DRD, Roads Service, the police, Translink, city centre traders and Belfast City Council agreed to meet on a fortnightly basis for two months.
Despite this, Simon Richardson, head of parking services at DRD, warned cross-border drivers that clocking up a collection of unpaid parking fines could have serious consequences in the near future.
"Those who normally travel along Great Victoria Street should consider using the alternative route via Hope Street, Sandy Row, Durham Street and College Square North to avoid the works, " the DRD said.
On Wednesday, a DRD lawyer conceded that if the judge found that there had not been an appropriate assessment carried out then a decision to proceed with the project had to be quashed.
He gave the example of the West Winds Estate in Newtownards where grass on one side of a path was the responsibilty of the DRD and on the other the responsibility of NIHE.
The DRD minister introduced a package of measures to encourage people back into the city centre and even ordered an embargo on road works on main routes across the city from 26 November until after Christmas.
The comment was made by Simon Hamilton who proposed the DUP motion calling on the Northern Ireland Housing Executive and the DRD Roads Service to develop a joint service to facilitate more efficient cutting of grass in public spaces.
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