Pittwater Council v Brown Brothers Waste Contractors Pty Limited [2009] NSWLEC 50

Pittwater Council v Brown Brothers Waste Contractors Pty Limited [2009] NSWLEC 50

Orders 1 and 2 of the consent orders made on 9 August 2007, read together, were a final determination of the relief claimed. The reservation of liberty to apply did not permit the Court to revisit them because nothing in their terms required further working out, and the rules relied on by Brown Brothers did not confer jurisdiction to vary final orders regularly made. The amended notice of motion was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
17 April 2009
Procedural Posture
Class 4 Proceedings; Amended Notice of Motion to Vary Consent Orders / Decision on Respondent's Amended Notice of Motion Dated 2 April 2009
Outcome
Respondent's amended notice of motion dismissed with costs.
Legal Topics
['final Orders' 'consent Orders' 'extension or Abridgment of Time' 'liberty to Apply' 'finality of Litigation' 'power to Vary Orders']
['practice and Procedure' 'planning and Environment'] ['final Orders' 'consent Orders' 'extension or Abridgment of Time' 'liberty to Apply' 'finality of Litigation' 'power to Vary Orders']

Case Brief

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Procedural Posture

Class 4 Proceedings; Amended Notice of Motion to Vary Consent Orders / Decision on Respondent's Amended Notice of Motion Dated 2 April 2009

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to amend final consent orders made on 9 August 2007.' 'Whether a reservation of liberty to apply enabled variation of the substance of the final orders.' 'Whether Pt 1 r 12 or Pt 36 r 16(3) of the Uniform Civil Procedure Rules 2005, or Pt 6 r 6.3 of the Land and Environment Court Rules 2007, empowered the Court to vary the final orders.']

Ratio Decidendi

Orders 1 and 2 of the consent orders made on 9 August 2007, read together, were a final determination of the relief claimed. The reservation of liberty to apply did not permit the Court to revisit them because nothing in their terms required further working out, and the rules relied on by Brown Brothers did not confer jurisdiction to vary final orders regularly made. The amended notice of motion was therefore dismissed with costs.

Court Disposition

Respondent's amended notice of motion dismissed with costs.

Orders

  • ["The respondent's amended notice of motion dated 2 April 2009 to vary the court orders made on 9 August 2007 should be dismissed with costs."]