Santin v Lismore City Council [2021] NSWLEC 119

Santin v Lismore City Council [2021] NSWLEC 119

A material change in circumstances occurred due to the parties’ agreement not to pursue amendment of the modification application and commentary in Dartbrook, justifying exercise of the Court's discretion under r 49.19 UCPR to set aside the Registrar’s orders.

Parties
Respondent on the Motion: Michael Santin; Applicant on the Motion: Lismore City Council
Jurisdiction
Australia
Judgment Date
30 June 2021
Procedural Posture
Class 1 Appeal Proceedings / Motion to Review/set Aside Registrar's Decision
Outcome
Orders made setting aside Registrar's orders of 27 May 2021 allowing amendment of modification application; no order as to costs.
Legal Topics
Review of Registrar's Decision, Amendment of Modification Application
Civil Procedure Review of Registrar's Decision Amendment of Modification Application

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Parties

Michael Santin

Respondent on the Motion

Lismore City Council

Applicant on the Motion

Procedural Posture

Class 1 Appeal Proceedings / Motion to Review/set Aside Registrar's Decision

Legal Issues

  1. 1 Whether the Court has jurisdiction and power to set aside the Registrar's orders permitting amendment of a modification application
  2. 2 Effect of Court of Appeal decision in Dartbrook on power to amend modification applications

Ratio Decidendi

A material change in circumstances occurred due to the parties’ agreement not to pursue amendment of the modification application and commentary in Dartbrook, justifying exercise of the Court's discretion under r 49.19 UCPR to set aside the Registrar’s orders.

Court Disposition

Orders made setting aside Registrar's orders of 27 May 2021 allowing amendment of modification application; no order as to costs.

Orders

  • In accordance with rule 49.19 of the Uniform Civil Procedure Rules 2005 (NSW), the Court sets aside the orders made by the Registrar on 27 May 2021.
  • No order as to costs.