City of Botany Bay Council v Zhou [2011] NSWLEC 144

City of Botany Bay Council v Zhou [2011] NSWLEC 144

Because the parties consented to setting aside the 2 March 2011 orders, the Court had power under Uniform Civil Procedure Rules, r 36.15 to set them aside; in light of the consent arrangement for the Council to complete the fire warning and smoke alarm works with reimbursement by the first respondent, it was appropriate to set aside the earlier orders, dismiss the contempt motion, and make consent orders.

Jurisdiction
Australia
Judgment Date
22 August 2011
Procedural Posture
Proceedings Concerning Alleged Breach of the Environmental Planning and Assessment Act 1979 and Fire Safety Works Orders / Notice of Motion for Contempt and Motion to Set Aside Orders, Resolved by Consent Orders
Outcome
The applicant's Notice of Motion was dismissed, the orders made on 2 March 2011 were set aside, consent orders were made, and there was no order as to costs.
Legal Topics
['setting Aside Orders by Consent' 'uniform Civil Procedure Rules, R 36.15' 'fire Safety Works' 'contempt of Court']
['procedure' 'environmental Planning and Assessment'] ['setting Aside Orders by Consent' 'uniform Civil Procedure Rules, R 36.15' 'fire Safety Works' 'contempt of Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceedings Concerning Alleged Breach of the Environmental Planning and Assessment Act 1979 and Fire Safety Works Orders / Notice of Motion for Contempt and Motion to Set Aside Orders, Resolved by Consent Orders

Legal Issues

  1. 1 ['Whether the orders made on 2 March 2011 should be set aside by consent under Uniform Civil Procedure Rules, r 36.15.' "Whether the applicant's notice of motion seeking that the first respondent be dealt with for contempt should be dismissed." 'Whether consent orders should be made for installation of fire warning and smoke alarm systems and reimbursement by the first respondent.']

Ratio Decidendi

Because the parties consented to setting aside the 2 March 2011 orders, the Court had power under Uniform Civil Procedure Rules, r 36.15 to set them aside; in light of the consent arrangement for the Council to complete the fire warning and smoke alarm works with reimbursement by the first respondent, it was appropriate to set aside the earlier orders, dismiss the contempt motion, and make consent orders.

Court Disposition

The applicant's Notice of Motion was dismissed, the orders made on 2 March 2011 were set aside, consent orders were made, and there was no order as to costs.

Orders

  • ['The Notice of Motion filed by the applicant on 21 June 2011 is dismissed.' 'Orders made on 2 March 2011 are set aside.' 'I make Orders in accordance with the document entitled "Consent Orders" signed by the solicitor for the applicant and by the first respondent, initialled by me and placed with the Court papers.'...