Morgan v Lane Cove Council (No 2) [2018] NSWLEC 1472

Morgan v Lane Cove Council (No 2) [2018] NSWLEC 1472

Because both parties consented, the Court had power under r 36.15(2) of the Uniform Civil Procedure Rules 2005 to set aside the previous orders and considered it appropriate to reopen the proceedings for further evidence and submissions about the conditions of consent.

Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Class 1 Proceedings Concerning Development Applications for Subdivision and Dwelling House / Joint Application to Set Aside Previous Orders by Consent and Reopen Proceedings for Further Evidence and Submissions on Conditions of Consent
Outcome
Previous orders set aside by consent and proceedings reopened for further evidence and submissions on conditions of consent.
Legal Topics
['development Consent' 'conditions of Consent' 'setting Aside Orders by Consent' 'reopening Proceedings']
['planning and Environment' 'civil Procedure'] ['development Consent' 'conditions of Consent' 'setting Aside Orders by Consent' 'reopening Proceedings']

Case Brief

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Procedural Posture

Class 1 Proceedings Concerning Development Applications for Subdivision and Dwelling House / Joint Application to Set Aside Previous Orders by Consent and Reopen Proceedings for Further Evidence and Submissions on Conditions of Consent

Legal Issues

  1. 1 ['Whether the Court should set aside the orders made in March 2018 and December 2017 by consent under r 36.15(2) of the Uniform Civil Procedure Rules 2005.' 'Whether the proceedings should be reopened to receive further evidence and submissions concerning conditions of consent for the development applications.']

Ratio Decidendi

Because both parties consented, the Court had power under r 36.15(2) of the Uniform Civil Procedure Rules 2005 to set aside the previous orders and considered it appropriate to reopen the proceedings for further evidence and submissions about the conditions of consent.

Court Disposition

Previous orders set aside by consent and proceedings reopened for further evidence and submissions on conditions of consent.

Orders

  • ['The Court orders by consent under r 36.15(2) of the Uniform Civil Procedure Rules 2005 that the Orders of the Court in proceedings 2017/63578 and 2017/211667 are set aside.' 'Leave is granted to the parties to reopen the proceeding for the purposes of receiving any further evidence and submissions in respect of...