Markakis v Mosman Municipal Council (No 2)

[2022] NSWLEC 1235

Land and Environment Court

New South Wales

Medium Neutral Citation:

Markakis v Mosman Municipal Council (No 2) [2022] NSWLEC 1235

Hearing dates:

6 April 2022

Date of orders:

9 May 2022

Decision date:

09 May 2022

Jurisdiction:

Class 1

Before:

Bradbury AC

Decision:

The Court orders that:

(1) Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, the judgment in Markakis v Mosman Municipal Council [2022] NSWLEC 1223 is amended by replacing the words “two-storey” in Order No. 2 with the words “single-storey”.

Catchwords:

PROCEDURE – Uniform Civil Procedure Rules – Rule 36.17 – orders amended

Legislation Cited:

Uniform Civil Procedure Rules 2005, r 36.17

Cases Cited:

Markakis v Mosman Municipal Council [2022] NSWLEC 1223

Category:

Procedural rulings

Parties:

Anthony Markakis (Applicant)
Mosman Municipal Council (Respondent)

Representation:

Counsel:
G Farland (Applicant)
R McCulloch (Solicitor) (Respondent)

Solicitors:
Lepouris Markakis Solicitors (Applicant)
Pikes & Verekers Lawyers (Respondent)

File Number(s):

2021/362004

Publication restriction:

Nil

Judgment

1. COMMISSIONER: Judgment was handed down in this matter on 29 April 2022: Markakis v Mosman Municipal Council [2022] NSWLEC 1223.

2. On 1 May 2022, the Respondent, with the Applicant’s consent, informed the Court that the orders made contain an error. The error is that Order No. 2 refers to development consent being granted for the erection of a two-storey tennis retreat when in fact the development application had been amended during the course of the proceedings to seek consent for the erection of a single-storey tennis retreat. The parties have sought to have the orders amended to correct the error pursuant to Rule 36.17 of the Uniform Civil Procedure Rules 2005.

3. Rule 36.17 provides that:

If there is a clerical mistake, or an error arising from an accidental slip or omission, in a judgment or order, or in a certificate, the court, on the application of any party or of its own motion, may, at any time, correct the mistake or error.

4. The amendment of the development application to change the proposed development from a two-storey to a single-storey building is discussed in some detail in the judgment (at pars [2] to [5] (inclusive)), and I am satisfied that the reference to a two-storey tennis retreat in Order No. 2 is an error arising from an accidental slip.

Orders

5. The Court orders that:

1. Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, the judgment in Markakis v Mosman Municipal Council [2022] NSWLEC 1223 is amended by replacing the words “two-storey” in Order No. 2 with the words “single-storey”.

……………………………………

A Bradbury

Acting Commissioner of the Court

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Decision last updated: 09 May 2022