Raymond v Woollahra Municipal Council (No 2) [2007] NSWLEC 320

Raymond v Woollahra Municipal Council (No 2) [2007] NSWLEC 320

Leave to reopen is refused as the Autodesk test is not satisfied; the applicant had ample opportunity to be heard and present all evidence and submissions, including procedural indulgence as a self-represented litigant. Additionally, issues of apprehension of bias prevent reconsideration of the merits based on amended plans.

Parties
Applicant: Ben Raymond; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
02 April 2007
Procedural Posture
Notice of Motion for Variation Prior to Perfection of Orders / Application to Reopen Prior to Perfection of Orders
Outcome
Notice of Motion refused
Legal Topics
Application to Reopen Proceedings, Discretion of the Court, Self Represented Litigants, Development Consent Modifications
Planning Law Administrative Law Application to Reopen Proceedings Discretion of the Court Self Represented Litigants Development Consent Modifications

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Parties

Ben Raymond

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Notice of Motion for Variation Prior to Perfection of Orders / Application to Reopen Prior to Perfection of Orders

Legal Issues

  1. 1 Whether leave should be granted to rely on amended plans and reopen proceedings prior to perfection of orders
  2. 2 Whether the discretion to reopen is properly exercised in this case
  3. 3 Application of the Autodesk test for reopening judgments

Ratio Decidendi

Leave to reopen is refused as the Autodesk test is not satisfied; the applicant had ample opportunity to be heard and present all evidence and submissions, including procedural indulgence as a self-represented litigant. Additionally, issues of apprehension of bias prevent reconsideration of the merits based on amended plans.

Court Disposition

Notice of Motion refused

Orders

  • The Notice of Motion for leave to rely on amended plans and to reopen is refused.