Weston Investment Group Pty Ltd v City of Parramatta Council (No 2) [2022] NSWLEC 1374

Weston Investment Group Pty Ltd v City of Parramatta Council (No 2) [2022] NSWLEC 1374

The reference to Ex E plan SW304 Rev F in Order 2(c) was an error arising from an accidental slip because Exhibit E was Plan SW204 Rev F. Although the Court did not accept that the Applicant had not been heard about compliance with deferred commencement conditions 1 and 2(i), the proposed amendment was made with the Respondent's consent and the omission was an accidental omission. Order No 2 was therefore amended pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005.

Jurisdiction
Australia
Judgment Date
19 July 2022
Procedural Posture
Class 1 Proceedings / Notice of Motion to Correct and Amend Orders After Judgment
Outcome
Order No (2) in Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304 was amended pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005.
Legal Topics
['uniform Civil Procedure Rules' 'correction of Judgment or Order' 'slip Rule' 'deferred Commencement Conditions' 'development Consent']
['planning and Environment Law' 'civil Procedure'] ['uniform Civil Procedure Rules' 'correction of Judgment or Order' 'slip Rule' 'deferred Commencement Conditions' 'development Consent']

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Procedural Posture

Class 1 Proceedings / Notice of Motion to Correct and Amend Orders After Judgment

Legal Issues

  1. 1 ['Whether the reference to plan SW304 Rev F in Order 2(c) of the judgment should be corrected to SW204 Rev F under r 36.17 of the Uniform Civil Procedure Rules 2005.' 'Whether Order No 2 should be amended to encompass deferred commencement conditions 1 and 2 of Schedule 1 of DA/267/2018B.' 'Whether the proposed amendment was a readily identifiable error or accidental omission capable of correction without an appeal.']

Ratio Decidendi

The reference to Ex E plan SW304 Rev F in Order 2(c) was an error arising from an accidental slip because Exhibit E was Plan SW204 Rev F. Although the Court did not accept that the Applicant had not been heard about compliance with deferred commencement conditions 1 and 2(i), the proposed amendment was made with the Respondent's consent and the omission was an accidental omission. Order No 2 was therefore amended pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005.

Court Disposition

Order No (2) in Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304 was amended pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005.

Orders

  • ['Order No (2) in the judgment in Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304 is amended.' 'Pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 Order No (2) made on 15 June 2022 be amended as follows: "(2) In accordance with s 39(2) of the Land and Environment Court...