Australian Catholic University Limited v Minister for Planning and Infrastructure and Anor [2015] NSWLEC 1174

Australian Catholic University Limited v Minister for Planning and Infrastructure and Anor [2015] NSWLEC 1174

The accidental omission of Stage 1B from Condition A5(a)(i) and the absence of a specific limit in Condition A5(b)(iv) were corrected under the Court's powers, to ensure the order aligned with the intended effect and findings in the original judgment.

Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Class 1 / Application to Amend Conditions of Consent Post Judgment, Notice of Motion
Outcome
Notice of Motion to amend Condition A5 upheld; Conditions amended as agreed by parties.
Legal Topics
['amendment of Development Consent Conditions' 'slip Rule Corrections' 'variation of Court Orders']
['planning and Environment'] ['amendment of Development Consent Conditions' 'slip Rule Corrections' 'variation of Court Orders']

Case Brief

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Procedural Posture

Class 1 / Application to Amend Conditions of Consent Post Judgment, Notice of Motion

Legal Issues

  1. 1 ['Whether Condition A5(a)(i) should be amended to include both stages 1A and 1B car parks before campus population can be increased' 'Whether Condition A5(b)(iv) should specify a maximum number of six (6) events per year with notification requirements']

Ratio Decidendi

The accidental omission of Stage 1B from Condition A5(a)(i) and the absence of a specific limit in Condition A5(b)(iv) were corrected under the Court's powers, to ensure the order aligned with the intended effect and findings in the original judgment.

Court Disposition

Notice of Motion to amend Condition A5 upheld; Conditions amended as agreed by parties.

Orders

  • ['The Notice of Motion to amend Condition A5 of Schedule 2 [Part A – Terms of Approval] is upheld.' "The amended terms of Condition A5 of Schedule 2 are as set out in 'Schedule A' as attached." "The consolidated Modified Manner of Approval is attached as Schedule 'B'."]