Seek Justice Pty Ltd v Blue Mountains Local Planning Panel/Blue Mountains City Council; Seek Justice Pty Ltd v Minister for Planning

Seek Justice Pty Ltd sought to set aside orders made by a single Judge of Appeal in proceedings against the Blue Mountains Local Planning Panel, the Blue Mountains City Council, and the Minister for Planning. The core of the dispute concerned the applicant's attempt to reinstate proceedings that had been dismissed.

The Court of Appeal was required to determine whether there was a relevant misapprehension of facts or law by the single Judge, or any other matter calling for review or that the interests of justice required the setting aside of the orders under rule 36.15 of the Uniform Civil Procedure Rules 1999 (NSW). Additionally, the Court considered whether the interests of justice, under rule 36.16(2)(b), necessitated setting aside the orders due to a real likelihood that it would be unjust to the applicant to allow the judgment to stand.

The Court found no misapprehension of facts or law by the single Judge, nor any error that warranted review. Furthermore, the Court concluded that the interests of justice did not require the setting aside of the orders. The Court also determined that there was no real likelihood of injustice to the applicant, and that considerations of utility weighed heavily against permitting the reinstatement of the proceedings.

Consequently, the applicant's Notices of Motion were dismissed. The Court ordered the applicant to file and serve submissions on costs and the remission or reimbursement of filing fees, with the respondents to file and serve any reply submissions.