Hastings Point Progress Association Inc v Tweed Shire Council (No 2)

The Hastings Point Progress Association Inc (the appellant) applied to the Court of Appeal of New South Wales to amend an earlier order that had dismissed its appeal against Tweed Shire Council (the first respondent) and other parties. The core of the dispute concerned the appellant's desire to have the dismissal of its appeal overturned and, instead, have the appeal allowed.

The primary legal issue before the Court was whether it possessed the inherent jurisdiction to correct its own orders, specifically to amend an order dismissing an appeal to one allowing the appeal. This question was considered in light of rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).

The Court determined that it did not have the inherent jurisdiction to amend the previous order in the manner sought by the appellant. The Court reasoned that the application was not one to correct a clerical error or an error arising from an accidental slip or omission, but rather an attempt to re-argue the merits of the appeal itself. Such a correction could only be made if the order did not accurately reflect the Court's intention at the time it was made, which was not the case here.

Consequently, the appellant's motion to amend the orders was dismissed. The Court reserved the costs of the motion and directed the parties to file written submissions regarding the costs of both the appeal and the motion.