Austral Monsoon Industries Pty Limited v Pittwater Council [2009] NSWCA 201

Austral Monsoon Industries Pty Limited v Pittwater Council [2009] NSWCA 201

Since the Minister did not seek an order for costs of the proceedings below in the original cross-appeal and did not pursue the proposed amendment at the time, it is not appropriate to vary the Court’s previous orders under the slip rule.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Appeal / Application to Vary Orders After Appellate Decision
Outcome
Orders not varied
Legal Topics
['judgments and Orders' 'amendment of Orders' 'slip Rule' 'costs']
['civil Procedure'] ['judgments and Orders' 'amendment of Orders' 'slip Rule' 'costs']

Case Brief

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Procedural Posture

Appeal / Application to Vary Orders After Appellate Decision

Legal Issues

  1. 1 ["Whether the Court should vary a previous costs order under the slip rule (Uniform Civil Procedure Rules 2005 (NSW) r 36.17) to include the second respondent's costs of the proceedings below."]

Ratio Decidendi

Since the Minister did not seek an order for costs of the proceedings below in the original cross-appeal and did not pursue the proposed amendment at the time, it is not appropriate to vary the Court’s previous orders under the slip rule.

Court Disposition

Orders not varied

Orders

  • ['Application to vary the previous order refused.']