Silverwater Estate Pty Ltd v Auburn Council [2001] NSWLEC 80

Silverwater Estate Pty Ltd v Auburn Council [2001] NSWLEC 80

The Court rejected the submission for deferred commencement because the issues raised did not pertain to satisfaction concerning the development itself, and the Court proceeded on the basis of validity of earlier consent; clerical errors were corrected pursuant to the slip rule.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Class 1 Proceedings / Post Judgment; Correction of Clerical Errors; Final Orders
Outcome
Submission for deferred commencement rejected; clerical errors corrected; parties satisfied with orders and conditions; no immediate stay granted.
Legal Topics
['development Consent' 'deferred Commencement Condition' 'correction of Clerical Errors (slip Rule)']
['planning Law' 'environmental Law'] ['development Consent' 'deferred Commencement Condition' 'correction of Clerical Errors (slip Rule)']

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Procedural Posture

Class 1 Proceedings / Post Judgment; Correction of Clerical Errors; Final Orders

Legal Issues

  1. 1 ['Whether the Court should defer commencement of consent under s 80(3) of the Environmental Planning and Assessment Act 1979' 'Whether clerical mistakes in the judgment should be corrected pursuant to Pt 10 r 7 of the Land and Environment Court Rules 1996']

Ratio Decidendi

The Court rejected the submission for deferred commencement because the issues raised did not pertain to satisfaction concerning the development itself, and the Court proceeded on the basis of validity of earlier consent; clerical errors were corrected pursuant to the slip rule.

Court Disposition

Submission for deferred commencement rejected; clerical errors corrected; parties satisfied with orders and conditions; no immediate stay granted.

Orders

  • ['Judgment corrected by amendment of specified paragraphs under Pt 10 r 7 Land and Environment Court Rules 1996' 'Submission for deferred commencement condition under s 80(3) EP&A Act rejected' 'Declined to grant immediate stay of orders granting consent']