MURLAN CONSULTING PTY LTD v KU-RING-GAI MUNICIPAL COUNCIL (NO 2) [2009] NSWCA 318

MURLAN CONSULTING PTY LTD v KU-RING-GAI MUNICIPAL COUNCIL (NO 2) [2009] NSWCA 318

The Court clarified and corrected the consequential orders to reflect the correct dates and dismissed the appeals regarding costs thrown away, remitting the substantive issue to the Land and Environment Court for determination.

Jurisdiction
Australia
Judgment Date
06 October 2009
Procedural Posture
Appeal / Consequential Orders Following Principal Judgment
Outcome
Orders amended; substantive issue remitted; appeal as to costs dismissed.
Legal Topics
['costs' 'correction of Orders' 'slip Rule' 'remittal']
['civil Procedure'] ['costs' 'correction of Orders' 'slip Rule' 'remittal']

Case Brief

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Procedural Posture

Appeal / Consequential Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether initial costs order to be set aside and costs determined on hearing of remitter' 'Application to vary order due to inconsistency and typographical errors' 'Correction of errors under slip rule']

Ratio Decidendi

The Court clarified and corrected the consequential orders to reflect the correct dates and dismissed the appeals regarding costs thrown away, remitting the substantive issue to the Land and Environment Court for determination.

Court Disposition

Orders amended; substantive issue remitted; appeal as to costs dismissed.

Orders

  • ['Set aside the orders made by Pain J on 4 December 2008.' 'Remit the reamended notice of motion filed on 18 November 2008 for determination by the Land and Environment Court.' 'Dismiss the appeal from the orders as to costs made on 25 February 2009.' "Order that the first respondent pay the appellant's costs in...