Bondi and Wellington Pty Ltd v Waverley Council

[2024] NSWLEC 1680

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Bondi and Wellington Pty Ltd v Waverley Council [2024] NSWLEC 1680

Hearing dates:

Conciliation conference on 11 October 2024

Date of orders:

29 October 2024

Decision date:

29 October 2024

Jurisdiction:

Class 1

Before:

Washington C

Decision:

The Court orders:

(1) The applicant is to pay the respondent’s costs thrown away as a result of the amendment of the application, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act1979 in the amount of $10,000 within 28 days of the making of these orders.

(2) The appeal is upheld.

(3) Development Application DA-317/2023 for alterations and additions to two buildings, including two additional levels to the residential flat building on Wellington Street, two additional levels above the mixed-use building on Bondi Road, and integrated basement parking at 1 Wellington Street and 222-234 Bondi Road, Bondi (Lots 1 and 2 DP 230368), is determined by the grant of consent subject to the conditions at Annexure A.

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – shop top housing – alterations and additions – residential flat building – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act1979, ss 4.16, 8.15, 8.7

Land and Environment Court Act 1979, s 34

Environmental Planning and Assessment Regulation 2021, s 38

State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Housing) 2021, Ch 2, ss 47, 48, 147, Sch 7A, Ch 4

State Environmental Planning Policy (Resilience and Hazards) 2021

State Environmental Planning Policy (Sustainable Buildings) 2022

Waverley Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.6, 5.10, 6.14, 6.15, 6.16, Sch 5

Texts Cited:

Waverley Development Control Plan 2022

Category:

Principal judgment

Parties:

Bondi and Wellington Pty Ltd (Applicant)
Waverley Council (Respondent)

Representation:

Counsel:
C Marginson (Solicitor) (Applicant)
S Patterson (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
Wilshire Web Staunton Beattie (Respondent)

File Number(s):

2024/75211

Publication restriction:

Nil

Judgment

1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Waverley Council, of development application DA-317/2023 which seeks consent for:

1. Removal of 16 trees;

2. Partial demolition and alterations and additions to an existing two-storey building, located at 222 Bondi Road, to establish a four-storey mixed-use shop-top housing development;

3. Partial demolition and alterations and additions to an existing two-storey residential flat building at 1 Wellington Street to establish a four-storey residential flat building;

4. Construction of a two-level basement car park;

5. Heritage restoration work; and

6. Ancillary site works including earthworks, landscaping and stormwater drainage.

2. The site comprises the following two separate allotments:

1. Lot 1 DP 230368, 1 Wellington Street, Bondi; and

2. Lot 2 DP 230368, 222 Bondi Road, Bondi.

3. These proceedings have been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act1979 (EPA Act).

4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 11 October 2024. I presided over the conciliation conference.

5. At the conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings. This decision involved the Court upholding the appeal and granting consent to the development application subject to conditions.

6. As part of this agreement, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021, the Council agreed to the applicant amending the development application. These amendments include:

1. Amendments to the roof form to the eastern portion of the 1 Wellington Street building;

2. Reorientation of unit W.102 to relocate the living areas to the west side of the building;

3. The introduction of privacy treatments to units W-102, W-201 and W-301;

4. Increase in size to the private open space area to unit W-G102;

5. Redesign of the bin holding area; and

6. The introduction of shade devices and ceiling fans.

7. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if that decision is one that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, which the parties identified and explained. From this I note the following points.

Jurisdictional matters

8. The development application was made with the written consent of the owner of the land.

9. The application was adequately notified from 22 November 2023 to 20 December 2023, during which time six submissions were received. No further oral submissions were made at the commencement of proceedings. Based on the amended application, the parties submit, and I accept, that the development as amended adequately responds to the concerns raised in these submissions.

Waverley Local Environmental Plan 2012

10. Pursuant to the Waverley Local Environmental Plan 2012 (WLEP), the subject site is zoned as follows:

1. E1 Local Centre for 222 Bondi Road, where development for the purpose of shop-top housing is permitted with consent.

2. R3 Medium Density Residential for 1 Wellington Street, where development for the purpose of residential flat building is permissible as an innominate use, as detailed in relation to WLEP cl 5.10 at [18].

11. Demolition is permitted with consent pursuant to cl 2.7.

12. The proposed development is consistent with the objectives of both the E1 and the R3 zones.

13. Pursuant to WLEP cl 4.3, a maximum building height of 12.5m applies to the subject site. The proposed development exceeds this development standard with a maximum height of 14.89m to the 222 Bondi Road building, and 14.49m to the 1 Wellington Street building.

14. As a result of this exceedance, cl 4.6(3) of the WLEP allows the applicant to request a contravention of this development standard. This request must demonstrate that compliance with the height of buildings development standard is unreasonable or unnecessary in the circumstances of the case, and that there are sufficient environmental planning grounds to justify the contravention. To that end, the applicant has submitted a document prepared by LK Planning dated 20 August 2024 (the cl 4.6 height variation request). Pursuant to WLEP cl 4.6, I am satisfied that:

1. The cl 4.6 height variation request demonstrates that compliance with the Height of Buildings development standard is unreasonable and unnecessary because the proposal complies with the relevant objectives of the E1 Local Centre Zone, the R3 Medium Density Residential Zone and the Height of Buildings development standard, notwithstanding the non-compliances. Further, the non-compliances do not result in any adverse impacts on the amenity of adjoining properties due to their siting and proportions.

2. The cl 4.6 height variation request establishes sufficient environmental planning grounds to justify contravening the development standard by demonstrating that:

1. The non-compliance is the result of the retention and preservation of heritage elements of the original buildings, ensuring an economically viable development that conserves significant heritage components.

2. The uppermost levels, which create the breach of the height standard, are set back and not readily visible from the public domain.

3. Despite the breach, the development is still appropriately scaled within its urban context.

3. The contravention is therefore justified by a lack of adverse impact on the neighbouring sites, lack of visibility from the public domain, by the resulting preservation of heritage fabric, and by the resulting consistency within the urban context.

4. The written request further demonstrates that the proposal is in the public interest as it is consistent with the relevant objectives of both the zone and the development standard.

15. WLEP cl 4.4 establishes a maximum floor space ratio (FSR) for the site of 0.91:1 for 222 Bondi Road and 0.9:1 for 1 Wellington Street. The proposed development again exceeds this development standard with a maximum FSR of 1.56:1 for 222 Bondi Road and 1.37:1 for 1 Wellington Street.

16. A further request has been made by the applicant pursuant to WLEP cl 4.6(3) to vary the FSR development standard in a document prepared by LK Planning dated 20 August 2024 (the cl 4.6 FSR variation request). Pursuant to WLEP cl 4.6, I am satisfied that:

1. The cl 4.6 FSR variation request demonstrates again that compliance with the FSR development standard is unreasonable and unnecessary because the proposal complies with the relevant objectives of the E1 Local Centre Zone, the R3 Medium Density Residential Zone and the FSR development standard, notwithstanding the non-compliances.

2. The cl 4.6 FSR variation request establishes sufficient environmental planning grounds to justify contravening the development standard by demonstrating that:

1. The existing building already exceeds the standard, such that any development of the site would also exceed the standard.

2. The proposed development achieves the four-storey development controls for Bondi Road, consistent with the desired future scale and character of the area established under the Waverley Development Control Plan 2022.

3. The additional FSR will not be readily visible from the public domain.

3. The contravention is therefore justified by responding to an existing exceedance in a heritage building, whilst creating a development that is consistent with the desired future scale and character of the area, without causing any unreasonable amenity impacts.

4. The written request further demonstrates that the proposal is in the public interest as it is consistent with the relevant objectives of both the zone and the development standard.

17. The building at 222 Bondi Road is listed as Heritage Item I18 under Sch 5 of the WLEP. The site is also within proximity of several heritage items, including St Patricks Catholic Church (Item I17), Bondi Public School (Items I501 and I70) and 151-153 Bondi Road (Item I14). Pursuant to WLEP cl 5.10, from the parties’ submission and the information contained in the following documents, I accept that the impact on the heritage item on the site, and the heritage items within the vicinity of the site, is acceptable:

1. Heritage Impact Statement by John Oultram Heritage & Design dated October 2023;

2. Heritage Interpretation Plan by John Oultram Heritage & Design dated June 2024;

3. Schedule of Conservation Works by John Oultram Heritage & Design dated June 2024; and

4. Structural Retention and Excavation Construction Sequences Report by Geoff Nines Fong & Partners dated 9 May 2024.

18. WLEP cl 5.10(10) sets out conservation incentives such that the consent authority may grant consent to development for any purpose of a building that is a heritage item, even though development for that purpose would otherwise not be allowed by the WLEP, if the consent authority is satisfied of the matters listed at subcll (a)-(e). The applicant relies on the operation of this clause for consent for development for the purpose of a residential flat building, which is otherwise prohibited under the WLEP in the E1 zone. To that end, from the parties’ submission and the letter of advice from John Oultram dated 6 June 2024, I accept:

1. That the conservation of the heritage item on the site is facilitated by the granting of this consent (cl 5.10(10)(a)).

2. That the proposed development is in accordance with a heritage management document: the Schedule of Conservation Works (cl 5.10(10)(b)).

3. That conditions 1, 13 and 14 of the agreed conditions of consent ensure that all necessary conservation work identified in the Schedule of Conservation Works is carried out (cl 5.10(10)(c)).

4. That the proposed development would not adversely impact the significance of the heritage item or its setting, for the reasons given above (cl 5.10(10)(d)).

5. The proposed development will not have any significant adverse effect on the amenity of the surrounding area (cl 5.10(10)(e)).

19. I therefore accept that, pursuant to the provisions of cl 5.10(10) that intended development for the purpose of residential flat building is permissible with consent on this site.

20. The site is also not identified in the flood planning area, nor affected by acid sulfate soils pursuant to WLEP cll 5.21 and 6.1 respectively.

21. In respect of waste management, from the parties’ submission and the information contained in the Site Waste and Recycling Management Plan by Elephant’s Foot Consulting, I accept that the provisions of WLEP cl 6.14(3) are met with the proposed development.

22. From the parties’ submission and the information contained in the Stormwater Plans by SGC dated 16 October 2023, I accept that the proposed development meets the stormwater management requirements listed in WLEP cl 6.15(3).

23. Pursuant to the requirements for development in Zone E1 as set out in WLEP cl 6.16, from the parties’ submission and for the reasons already given, I am satisfied that the impact of the development on the surrounding residential areas and the desired future character of the area, and the consistency of the development with the hierarchy of centres has been considered and is acceptable.

State Environmental Planning Policy (Resilience and Hazards) 2021

24. State Environmental Planning Policy (Resilience and Hazards) 2021 requires the consent authority to consider whether the site is contaminated, and if so, whether it is or will be made suitable for the intended use. From the parties’ submission, the agreed conditions of consent and the following documents, I accept that subject to the site can be made suitable for the intended residential use following remediation:

1. Stage 1 Preliminary Site Investigation by EBG Environmental Geoscience dated 31 May 2023;

2. Stage 2 Detailed Site Investigation by EBG Environmental Geoscience dated 29 July 2024;

3. Remediation Action Plan by EBG Environmental Geoscience dated 29 July 2024; and

4. Notice of Category 2 Remediation of Soil by EBG Environmental Geoscience dated 29 April 2024.

State Environmental Planning Policy (Transport and Infrastructure) 2021

25. The site has frontage to Bondi Road, which is a classified road and therefore the provisions of ss 2.119 and 2.120 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport SEPP) apply to the site. From the parties’ submission, the information contained in the Statement of Environmental Effects by LK Planning dated 19 October 2023 and the supplementary planning advice also by LK Planning dated 11 October 2024, I accept that, due to the building design and location of vehicular from Wellington Street, the development meets the requirements of s 2.119 of the Transport SEPP.

26. I further accept, from the Noise Impact Assessment by E-LAB Consulting dated 19 September 2023 and the parties’ submission, that the proposed development meets the acoustic requirements of s 2.120 of the Transport SEPP.

State Environmental Planning Policy (Housing) 2021

27. Chapter 2 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) provides for affordable housing. From the parties’ submission and the information contained in the SEPP Affordable Rental Housing Report by LK Planning dated 4 October 2023, I accept that the matters listed in s 47(2) of the Housing SEPP have been considered and that condition 7 of the agreed conditions of consent meets the requirements of s 48 of the Housing SEPP.

28. Pursuant to the savings and transitional provisions at Sch 7A of the Housing SEPP, Ch 4 of the Housing SEPP, Design of Residential Apartment Development, applies to the development. Accordingly, from the parties’ submission, the SEPP 65 Design Statement by Woods Bagot dated 21 August 2024, and the amended architectural plans, I accept that the matters listed in s 147(1) of the Housing SEPP have been considered, and the development is acceptable pursuant to these matters.

State Environmental Planning Policy (Biodiversity and Conservation) 2021

29. Chapter 2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 provides for the clearing of vegetation in non-rural areas. In accordance with Ch 2, this application requests the removal of 16 trees. One tree on an adjacent site is also proposed to be removed, for which owner’s consent has been given.

30. From the parties’ submission and the information contained in the Arboricultural Impact Assessment Report by Koala Arbor Consulting Arborists dated 16 October 2023, I accept that the impact of the removal of these trees has been assessed and is acceptable.

State Environmental Planning Policy (Sustainable Buildings) 2022

31. This application is captured by the savings provisions in the State Environmental Planning Policy (Sustainable Buildings) 2022, and is therefore subject to the provisions of the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. Accordingly, a BASIX certificate accompanies the development application.

Conclusion

32. For these reasons, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act and subsequently, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

33. The Court notes:

1. Waverley Council, as the relevant consent authority, has agreed pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021, to the amendment of Development Application DA-317/2023 in accordance with the following documents:

No.	Drawing No	Drawing Title	Prepared By	Date
Amended Architectural Plans
1.	DA-0000	Cover Sheet	Woods Bagot	29.05.2024
	DA-1100	Site Location	Woods Bagot	29.05.2024
	DA-1103	Site Analysis	Woods Bagot	29.05.2024
	DA-1110	Existing Site Plan	Woods Bagot	29.05.2024
	DA-1120	Existing Elevation - Bondi Road	Woods Bagot	29.05.2024
	DA-112	Existing Elevation - Wellington Street	Woods Bagot	29.05.2024
	DA-2000	Demolition & Restoration Plan - Ground Level	Woods Bagot	29.05.2024
	DA-2001	Demolition & Restoration Plan - Level 1	Woods Bagot	29.05.2024
	DA-2200	Proposed Site Plan	Woods Bagot	14.08.2024
	DA-2201	Separation Diagram	Woods Bagot	14.08.2024
	DA-2211	Basement 2	Woods Bagot	29.05.2024
	DA-2212	Basement 1	Woods Bagot	29.05.2024
	DA-2220	Ground Level	Woods Bagot	29.05.2024
	DA-2221	Level 1	Woods Bagot	14.08.2024
	DA-2222	Level 2	Woods Bagot	14.08.2024
	DA-2223	Level 3	Woods Bagot	14.08.2024
	DA-2230	Roof Level	Woods Bagot	14.08.2024
	DA-3201	Proposed Elevation - Bondi Road	Woods Bagot	29.05.2024
	DA-3202	Proposed Elevation - Wellington Street	Woods Bagot	14.08.2024
	DA-3205	Proposed Elevation - Manningham North	Woods Bagot	14.08.2024
	DA-3206	Proposed Elevation - East	Woods Bagot	14.08.2024
	DA-3210	Proposed Elevation - Bondi North	Woods Bagot	29.05.2024
	DA-3211	Proposed Elevation - Manningham South	Woods Bagot	14.08.2024
	DA-3212	Heritage Interpretation Bondi Rd Entry	Woods Bagot	29.05.2024
	DA-3213	Heritage Interpretation Vitrine Window	Woods Bagot	29.05.2024
	DA-3214	Heritage Interpretation Courtyard Entry	Woods Bagot	29.05.2024
	DA-3220	Long Section 01	Woods Bagot	14.08.2024
	DA-3221	Long Section 02	Woods Bagot	14.08.2024
	DA-3225	Cross Section - Bondi	Woods Bagot	29.05.2024
	DA-3226	Cross Section - Manningham	Woods Bagot	14.08.2024
	DA-3227	Cross Section - Manningham Boundary	Woods Bagot	14.08.2024
	DA-3228	Balcony Structural Detail	Woods Bagot	29.05.2024
	DA-3229	Awning Structural Detail	Woods Bagot	29.05.2024
	DA-4000	GFA Plans	Woods Bagot	14.08.2024
	DA-4001	Storage Plans	Woods Bagot	14.08.2024
	DA-4002	Solar Access & Cross Ventilation Plans	Woods Bagot	29.05.2024
	DA-4010	Ground Level Interface Diagram	Woods Bagot	29.05.2024
	DA-4011	Waste Management Diagram	Woods Bagot	29.05.2024
	DA-4500	Post Adapted Unit Plan - Bondi	Woods Bagot	29.05.2024
	DA-4501	Post Adapted Unit Plan - Manningham	Woods Bagot	14.08.2024
	DA-8801	June Sun Eye View - Proposed	Woods Bagot	14.08.2024
	DA-8802	June Sun Eye View - Proposed	Woods Bagot	14.08.2024
	DA-8805	June Sun Eye View - Compliant Envelope	Woods Bagot	29.05.2024
	DA-8806	June Sun Eye View - Compliant Envelope	Woods Bagot	29.05.2024
	DA-8819	Bondi Rd - Neighbour Shadow Study	Woods Bagot	29.05.2024
	DA-8820	June Shadows - Proposed	Woods Bagot	29.05.2024
	DA-8821	June Shadows - Proposed	Woods Bagot	29.05.2024
	DA-8825	June Shadows - Compliant Envelope	Woods Bagot	29.05.2024
	DA-8826	June Shadows - Compliant Envelope	Woods Bagot	29.05.2024
	DA-9000	Photomontage - Bondi Road	Woods Bagot	29.05.2024
	DA-9001	Photomontage - Bondi Road + Wellington Street	Woods Bagot	29.05.2024
	DA-9002	Photomontage - Wellington Street	Woods Bagot	14.08.2024
Amended Stormwater Plans
2.	SW100	Coversheet, Rev C	S&G Consultants Pty Ltd	2023
	SW200	Basement 2, Rev B	S&G Consultants Pty Ltd	16.10.2023
	SW201	Ground Floor, Sheet 1 of 2, Rev B	S&G Consultants Pty Ltd	16.10.2023
	SW202	Ground Floor, Sheet 2 of 2, Rev B	S&G Consultants Pty Ltd	16.10.2023
	SW203	Roof Plan, Rev C	S&G Consultants Pty Ltd	23.08.2024
	SW300	Details Sheet, Rev B	S&G Consultants Pty Ltd	16.10.2023
	SW400	Erosion and sediment control – plan and details, Rev B	S&G Consultants Pty Ltd	16.10.2023
	SW500	MUSIC catchment plan, Rev B	S&G Consultants Pty Ltd	16.10.2023
Amended Landscape Plans
L-DA-01	Cover Page	360	27.08.2024
L-DA-02	Introduction	360	27.08.2024
L-DA-03	Site Description	360	27.08.2024
L-DA-04	Site Character	360	27.08.2024
L-DA-05	Design Summary	360	27.08.2024
L-DA-06	Design Principles	360	27.08.2024
L-DA-07	Design Statement	360	27.08.2024
L-DA-08	Tree Protection Plan	360	27.08.2024
L-DA-09	Landscape Soil Depth Diagrams	360	27.08.2024
L-DA-20	Landscape Plan – Ground Floor	360	27.08.2024
L-DA-11	Landscape Plan – Level 01	360	27.08.2024
L-DA-12	Landscape Plan – Level 02	360	27.08.2024
L-DA-13	Landscape Plan – Level 03	360	27.08.2024
L-DA-14	Landscape Section 01	360	27.08.2024
L-DA-15	Landscape Section 02	360	27.08.2024
L-DA-16	Planting Palette - Ground Floor	360	27.08.2024
L-DA-17	Planting Palette – Level 01	360	27.08.2024
L-DA-18	Planting Palette – Level 02 + 03	360	27.08.2024
L-DA-19	Landscape Maintenance Statement	360	27.08.2024
L-DA-20	Landscape Maintenance Statement	360	27.08.2024
L-DA-21	Landscape Maintenance Schedule	360	27.08.2024
Supporting Documentation
No.	Document			Date
3.	Clause 4.6 Variations prepared by LK Planning • Clause 4.3 – Height of Buildings			20.08.2024
4.	Clause 4.6 Variations prepared by LK Planning • Clause 4.4 – Floor Space Ratio			20.08.2024
5.	Letter of Offer for Voluntary Planning Agreement (GFA) prepared by Bondi and Wellington Pty Ltd ATF Bondi Rd Investors Unit Trust			21.08.2024
6.	Letter of Offer for Voluntary Planning Agreement (Affordable Housing) prepared by Bondi and Wellington Pty Ltd ATF Bondi Rd Investors Unit Trust			21.08.2024
7.	Updated Design Verification Report prepared by Woods Bagot			21.08.2024
8.	Plan of Management prepared by LK Planning			06.2024
9.	Section 5.10(10) Opinion prepared by John Oultram Heritage and Design			06.06.2023
10.	Heritage Interpretation Plan prepared by John Oultram Heritage & Design			06.2024
11.	Schedule of Conservation Works prepared by John Oultram Heritage & Design			06.2024
12.	Response to SOFC – Traffic prepared by Ason Group			06.06.2024
13.	Response to SOFC – Waste prepared by Elephants Foot Consulting			06.06.2024
14.	Response to SOFC – Structural prepared by Geoff Nines Fong & Partners			09.05.2024
15.	Structural Retention and Excavation Construction Sequences Report prepared by Geoff Nines Fong & Partners			09.05.2024
16.	Detailed Environmental Site Investigation prepared by Edwards Blasche Group			29.07.2024
17.	Category 2 Remedial Works prepared by Edwards Blasche Group			29.04.2024
18.	Remediation Action Plan prepared by Edwards Blasche Group			29.07.2024
19.	BASIX Compliance Report and Stamped Architectural Plans prepared by E-Lab Consulting			23.08.2024

34. The Court orders:

1. The applicant is to pay the respondent’s costs thrown away as a result of the amendment of the application, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act1979 in the amount of $10,000 within 28 days of the making of these orders.

2. The appeal is upheld.

3. Development Application DA-317/2023 for alterations and additions to two buildings, including two additional levels to the residential flat building on Wellington Street, two additional levels above the mixed-use building on Bondi Road, and integrated basement parking at 1 Wellington Street and 222-234 Bondi Road, Bondi (Lots 1 and 2 DP 230368), is determined by the grant of consent subject to the conditions at Annexure A.

E Washington

Commissioner of the Court

**********

Annexure A

Amendments

25 November 2024 - Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 (the “slip rule”), by consent of both parties, correction is made to the DP number in order (3), being DA-317/2023.

Decision last updated: 25 November 2024