Chief Executive, Office of Environment and Heritage v Ausgrid (No 2) [2013] NSWLEC 63

Chief Executive, Office of Environment and Heritage v Ausgrid (No 2) [2013] NSWLEC 63

The Court had power to vary order 4(b) because the prosecutor consented to the application under r 36.15(2) of the Uniform Civil Procedure Rules 2005 and, alternatively, because the notice of motion was filed within 14 days of the final orders being entered under r 36.16(3A); given the Koori Mail could not comply with the original publication requirements but could accommodate the proposed notices, varying the order was an appropriate exercise of discretion.

Jurisdiction
Australia
Judgment Date
08 May 2013
Procedural Posture
Class 5 Interlocutory Application / Application by Notice of Motion to Vary Final Sentencing Orders
Outcome
Order 4(b) varied as sought in the notice of motion.
Legal Topics
['application to Vary Final Orders' 'consent Application' 'notice of Motion Filed Within 14 Days' 'publication Order']
['practice and Procedure'] ['application to Vary Final Orders' 'consent Application' 'notice of Motion Filed Within 14 Days' 'publication Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 5 Interlocutory Application / Application by Notice of Motion to Vary Final Sentencing Orders

Legal Issues

  1. 1 ['Whether the Court should vary order 4(b) made on 22 April 2013 in Chief Executive, Office of Environment and Heritage v Ausgrid [2013] NSWLEC 51.' 'Whether the Court had power under the Uniform Civil Procedure Rules 2005 to vary the order by consent or because the notice of motion was filed within 14 days after entry of the orders.']

Ratio Decidendi

The Court had power to vary order 4(b) because the prosecutor consented to the application under r 36.15(2) of the Uniform Civil Procedure Rules 2005 and, alternatively, because the notice of motion was filed within 14 days of the final orders being entered under r 36.16(3A); given the Koori Mail could not comply with the original publication requirements but could accommodate the proposed notices, varying the order was an appropriate exercise of discretion.

Court Disposition

Order 4(b) varied as sought in the notice of motion.

Orders

  • ['Order 4(b) of the judgment made on 22 April 2013 be set aside and in lieu thereof, the following order be made: "prior to 25 May 2013, place two notices in the Koori Mail newspaper, the first notice within the first five pages at a size of at least 7cm x 26cm and the second notice on any page after page 9 at a...