Ironstone Community Action Group Inc v NSW Minister for Planning and Duralie Coal Pty Ltd (No 2) [2012] NSWLEC 14

Ironstone Community Action Group Inc v NSW Minister for Planning and Duralie Coal Pty Ltd (No 2) [2012] NSWLEC 14

It is appropriate to correct the final orders by including the accidentally omitted sub-condition in condition 29 of the approval, pursuant to the Court's powers under Pt 36 r 36.17 of the Uniform Civil Procedure Rules 2005, and with the consent of all parties.

Parties
Applicant: Ironstone Community Action Group Inc; First Respondent: NSW Minister for Planning; Second Respondent: Duralie Coal Pty Ltd
Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Class 1 Appeal / Correction of Final Orders Following Judgment
Outcome
Orders made by consent correcting accidental omission in final orders
Legal Topics
Correction of Orders, Accidental Slip or Omission, Court's Power to Amend Orders
Environmental Law Civil Procedure Correction of Orders Accidental Slip or Omission Court's Power to Amend Orders

Case Brief

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Parties

Ironstone Community Action Group Inc

Applicant

NSW Minister for Planning

First Respondent

Duralie Coal Pty Ltd

Second Respondent

Procedural Posture

Class 1 Appeal / Correction of Final Orders Following Judgment

Legal Issues

  1. 1 Whether the Court should correct an accidental omission in the final orders concerning a condition of approval

Ratio Decidendi

It is appropriate to correct the final orders by including the accidentally omitted sub-condition in condition 29 of the approval, pursuant to the Court's powers under Pt 36 r 36.17 of the Uniform Civil Procedure Rules 2005, and with the consent of all parties.

Court Disposition

Orders made by consent correcting accidental omission in final orders

Orders

  • Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, Condition 29(b) in Schedule 3 of the approval in Annexure A to the orders made by the Court on 10 November 2011 is amended to include the additional requirement for salinity trigger levels and provision of an automated first flush system as detailed in...