Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd (No 3)

Land Enviro Corp Pty Ltd (In Liq) sought to set aside or vary orders made by the Supreme Court of New South Wales on 15 December 2017. The dispute concerned the validity and effect of those earlier orders. The matter was heard by Bathurst CJ, Meagher JA, and Emmett AJA in the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the orders made on 15 December 2017 should be rescinded. This required the court to consider the grounds upon which such an application could be made and the evidence presented by Land Enviro Corp Pty Ltd (In Liq) in support of its motion.

The Court of Appeal found that the applicant had failed to establish sufficient grounds to warrant the rescission of the 15 December 2017 orders. Consequently, the court ordered that the orders made on 15 December 2017 be rescinded, and that the notice of motion filed on 5 September 2017 be dismissed. The applicant was also ordered to pay the costs of the respondents in relation to the motion.