NIX v PITTWATER COUNCIL [1995] NSWCA 322

The consent orders dated 13 April 1995 did not accurately reflect the Court of Appeal’s judgment as modified from Bannon J’s decision due to inadvertence; the court withdrew those orders and substituted new orders as per the annexure to Jagot’s affidavit. Ongoing disputes between the parties are to be remitted to the Land and Environment Court.

Parties: Applicant: Nix; Respondent: Pittwater Council
Jurisdiction: Australia
Judgment Date: 15 August 1995
Procedural Posture: Appeal / Post Judgment Motions
Outcome: Orders of 13 April 1995 withdrawn, substituted orders issued as per annexure; matter remitted to Land and Environment Court for further resolution; no order as to costs.
Legal Topics: Orders Correction, Remission to Land and Environment Court, Costs

Administrative Law Orders Correction Remission to Land and Environment Court Costs

Case Brief

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Parties

Nix

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Post Judgment Motions

Legal Issues

1 Whether the consent orders made on 13 April 1995 accurately reflected the earlier judgment as modified by the Court of Appeal
2 Whether the errors in the orders were the result of inadvertence and could be rectified
3 Jurisdiction regarding subsequent disputes arising from court’s orders

Ratio Decidendi

Court Disposition

Orders of 13 April 1995 withdrawn, substituted orders issued as per annexure; matter remitted to Land and Environment Court for further resolution; no order as to costs.

Orders

Orders made by consent on 13 April 1995 are withdrawn.
Orders substituted in terms of the document annexed to Jane Margaret Jagot’s affidavit dated 31 May 1995.