Boral Resources (NSW) Pty Ltd v Camden Council (No 2) [2019] NSWLEC 1070

Boral Resources (NSW) Pty Ltd v Camden Council (No 2) [2019] NSWLEC 1070

An accidental omission in the hours of operation in the development consent conditions fell within the slip rule (UCPR r 36.17) and could be rectified accordingly, particularly as the parties had no opposition, and the amendment reflected the Court's intention as evidenced by the rest of the judgment and uncontested noise conditions.

Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Class 1 Land and Environment Court Proceedings / Application to Amend Conditions of Development Consent Under Slip Rule Following Substantive Judgment
Outcome
Application to amend condition granted under UCPR r 36.17.
Legal Topics
['slip Rule' 'development Consent' 'variation of Orders']
['planning and Environment Law' 'civil Procedure'] ['slip Rule' 'development Consent' 'variation of Orders']

Case Brief

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Procedural Posture

Class 1 Land and Environment Court Proceedings / Application to Amend Conditions of Development Consent Under Slip Rule Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the Court should amend the conditions of development consent pursuant to the slip rule (UCPR r 36.17) to correct an accidental omission regarding hours of operation']

Ratio Decidendi

An accidental omission in the hours of operation in the development consent conditions fell within the slip rule (UCPR r 36.17) and could be rectified accordingly, particularly as the parties had no opposition, and the amendment reflected the Court's intention as evidenced by the rest of the judgment and uncontested noise conditions.

Court Disposition

Application to amend condition granted under UCPR r 36.17.

Orders

  • ['Orders made in the form of the draft orders submitted by the Applicant on 14 February 2019, including amendment to Condition 6(7) of Annexure A to principal judgment.']