TLB Trading Pty Ltd v Mosman Municipal Council (No 2) [2020] NSWLEC 1591

TLB Trading Pty Ltd v Mosman Municipal Council (No 2) [2020] NSWLEC 1591

The Court was satisfied, on the material annexed to the Notice of Motion and the parties' submissions, that the factual error in paragraph 8(3) of the substantive judgment could and should be corrected under rule 36.17 of the Uniform Civil Procedure Rules 2005 by deleting that paragraph; the error presented no jurisdictional hurdle but correction was appropriate to reflect the facts of the case.

Jurisdiction
Australia
Judgment Date
30 November 2020
Procedural Posture
Class 1 Proceedings; Notice of Motion Under the Uniform Civil Procedure Rules 2005 / Procedural Ruling on an Application to Amend the Substantive Judgment
Outcome
Notice of Motion granted; substantive judgment amended by deletion of paragraph 8(3).
Legal Topics
['slip Rule' 'amendment of Judgment' 'modification Application' 'development Standards']
['planning and Environment' 'civil Procedure'] ['slip Rule' 'amendment of Judgment' 'modification Application' 'development Standards']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Proceedings; Notice of Motion Under the Uniform Civil Procedure Rules 2005 / Procedural Ruling on an Application to Amend the Substantive Judgment

Legal Issues

  1. 1 ['Whether the Court should amend TLB Trading Pty Ltd v Mosman Municipal Council [2020] NSWLEC 1420 by deleting paragraph 8(3) under rule 36.17 of the Uniform Civil Procedure Rules 2005.' 'Whether the factual error in paragraph 8(3) created any jurisdictional hurdle to the orders made in the substantive judgment.']

Ratio Decidendi

The Court was satisfied, on the material annexed to the Notice of Motion and the parties' submissions, that the factual error in paragraph 8(3) of the substantive judgment could and should be corrected under rule 36.17 of the Uniform Civil Procedure Rules 2005 by deleting that paragraph; the error presented no jurisdictional hurdle but correction was appropriate to reflect the facts of the case.

Court Disposition

Notice of Motion granted; substantive judgment amended by deletion of paragraph 8(3).

Orders

  • ['Pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW), the judgment made by this Court on 24 September 2020 in TLB Trading Pty Ltd v Mosman Municipal Council [2020] NSWLEC 1420 is amended by deletion of paragraph 8(3) of that judgment.']