PE BAKERS PTY LTD v M YEHUDA and ANOR [1989] NSWCA 159

PE BAKERS PTY LTD v M YEHUDA and ANOR [1989] NSWCA 159

There was no occasion to vary the orders made by the previous judge, as they were consistent with the reasons and findings of the appellate Court and the binding nature of the Land and Environment Court's earlier decision.

Parties
Appellant: PE Bakers Pty Ltd; Respondent: M Yehuda; Respondent: Waverley Municipal Council
Jurisdiction
Australia
Judgment Date
10 February 1989
Procedural Posture
Civil / Application to Vary Previous Appellate Court Order
Outcome
notice of motion dismissed with costs
Legal Topics
Variation of Orders, Conditions of Development Consent, Issue Estoppel
Planning and Environment Law Variation of Orders Conditions of Development Consent Issue Estoppel

Case Brief

Summary, issues, holding and outcome

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Parties

PE Bakers Pty Ltd

Appellant

M Yehuda

Respondent

Waverley Municipal Council

Respondent

Procedural Posture

Civil / Application to Vary Previous Appellate Court Order

Legal Issues

  1. 1 Whether the orders made by the Court should be varied
  2. 2 Effect of an earlier Land and Environment Court decision on current orders

Ratio Decidendi

There was no occasion to vary the orders made by the previous judge, as they were consistent with the reasons and findings of the appellate Court and the binding nature of the Land and Environment Court's earlier decision.

Court Disposition

notice of motion dismissed with costs

Orders

  • The notice of motion is dismissed with costs.