95 Regent Street Kogarah Pty Ltd v Georges River Council (No 2) [2019] NSWLEC 1390

Procedural Posture

Class 1 Proceedings; Notice of Motion / Post Judgment Application to Correct an Omission in the Conditions of Consent

Legal Issues

1. 1 ['Whether Lot 122 in DP 1106586 was accidentally omitted from the descriptive header in Annexure D, the Conditions of Consent, to the earlier judgment.' 'Whether the Court could correct the omission under rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

The development application and survey plan included Lot 122 in DP 1106586, the earlier judgment granted consent for development at 71-97 Regent Street Kogarah including 97 Regent Street, and title material confirmed Lot 122 formed part of that land and was owned by the applicant. The omission of Lot 122 from the descriptive header to the conditions was not intended, and the correction could be made under rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Notice of Motion granted; correction ordered under rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).

Orders

• ['Pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) that Lot 122 in DP 1106586 be included in the identification of the land to which consent applies detailed in Annexure D, the Conditions of Consent, to the decision in 95 Regent Street Pty Ltd v Georges River Council [2019] NSWLEC 1206 as set...