Mars City Pty Ltd v Burwood Council [2020] NSWLEC 1683

Mars City Pty Ltd v Burwood Council [2020] NSWLEC 1683

The Court found that the Judgment completely and finally determined the principal matters in dispute between the parties at the time of judgment and there was no justification to vary the orders under r 36.16(1) of the UCPR, as administrative actions post-judgment, such as registering the consent on the planning...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 December 2020
Procedural Posture
Notice of Motion / Post Judgment Application to Vary Orders
Outcome
Application dismissed
Legal Topics
['variation of Judgments' 'registration of Development Consent' 'uniform Civil Procedure Rules']
['civil Procedure'] ['variation of Judgments' 'registration of Development Consent' 'uniform Civil Procedure Rules']

Source-derived case record

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

Notice of Motion / Post Judgment Application to Vary Orders

Legal Issues

  1. 1 ['Whether the Court should vary its judgment to direct the Respondent to register development consent on the NSW planning portal']

Ratio Decidendi

The Court found that the Judgment completely and finally determined the principal matters in dispute between the parties at the time of judgment and there was no justification to vary the orders under r 36.16(1) of the UCPR, as administrative actions post-judgment, such as registering the consent on the planning portal, did not warrant setting aside or variation of substantive orders.

Court Disposition

Application dismissed

Orders

  • ['The notice of motion filed on 9 December 2020 is dismissed.']