McKenzie V Blue Mountains City Council [2021] NSWLEC 1174

The court has jurisdiction under UCPR 36.17 to amend its orders to correct a clerical mistake regarding the plan referenced in the consent conditions, as the amendment accords with the parties' agreement and is a decision that could have been made in the proper exercise of the court's functions.

Jurisdiction: Australia
Judgment Date: 12 April 2021
Procedural Posture: Class 1 Appeal / Motion to Amend Judgment Under Slip Rule
Outcome: Application to amend judgment granted; consent conditions varied to reference correct plan.
Legal Topics: ['development Application' 'consent Conditions' 'slip Rule' 'order Amendment']

['planning and Environment Law' 'civil Procedure'] ['development Application' 'consent Conditions' 'slip Rule' 'order Amendment']

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Procedural Posture

Class 1 Appeal / Motion to Amend Judgment Under Slip Rule

Legal Issues

1 ['Whether the judgment may be amended to correct a clerical mistake in the conditions of consent referencing the wrong plan under UCPR r36.17']

Ratio Decidendi

Court Disposition

Application to amend judgment granted; consent conditions varied to reference correct plan.

Orders

['Pursuant to Uniform Civil Procedure Rule Part 36 Rule 17 Annexure A to the Order made on 27 September 2019 be amended.' 'The Site and Landscape Plan (as amended in red) in the table to condition 1 of Annexure A is to be Drawing No. 0401.30-020 Revision A dated 10 August 2018 as identified in Annexure A hereto.']