Blacktown City Council v Wilkie and Ors [2002] NSWLEC 119

Blacktown City Council v Wilkie and Ors [2002] NSWLEC 119

The omission to specify a compliance period in order 6 was accidental, rendering it unenforceable; the slip rule permits correction of such accidental omissions; the existence of a stay does not prevent this variation, and it is proper to vary the order to specify a period for compliance so that it may be enforceable and appropriately reviewed on appeal.

Jurisdiction
Australia
Judgment Date
17 July 2002
Procedural Posture
Class 4 Application / Post Judgment Motion to Vary Order (slip Rule)
Outcome
Order 6 varied under slip rule to insert a 35-day compliance period; no order as to costs.
Legal Topics
['slip Rule' 'variation of Orders' 'jurisdiction of the Land and Environment Court' 'stay of Proceedings' 'waste Management']
['environmental Law' 'civil Procedure'] ['slip Rule' 'variation of Orders' 'jurisdiction of the Land and Environment Court' 'stay of Proceedings' 'waste Management']

Case Brief

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Procedural Posture

Class 4 Application / Post Judgment Motion to Vary Order (slip Rule)

Legal Issues

  1. 1 ['Whether the Court should vary order 6 under the slip rule due to omission of a compliance time' 'Whether the stay by the Court of Appeal prevents variation of the order' "Source of the Court's power to vary order 6"]

Ratio Decidendi

The omission to specify a compliance period in order 6 was accidental, rendering it unenforceable; the slip rule permits correction of such accidental omissions; the existence of a stay does not prevent this variation, and it is proper to vary the order to specify a period for compliance so that it may be enforceable and appropriately reviewed on appeal.

Court Disposition

Order 6 varied under slip rule to insert a 35-day compliance period; no order as to costs.

Orders

  • ["Order 6 of the orders made by the Court on 6 December 2001 be varied by inserting: 'The removal of the waste and its transfer to a licensed waste management facility in accordance with this order shall be completed within 35 days of the date of the insertion of this sentence into order 6.'" 'No order as to costs.']