The Trustee for Wombarra Vista Unit Trust trading as Wombarra Vista v Wollongong City Council (No 2)

[2021] NSWLEC 1369

Land and Environment Court

New South Wales

Medium Neutral Citation:	The Trustee for Wombarra Vista Unit Trust trading as Wombarra Vista v Wollongong City Council (No 2) [2021] NSWLEC 1369
Hearing dates:	17 June 2021
Date of orders:	23 June 2021
Decision date:	23 June 2021
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	Orders (see [8])
Catchwords:	PROCEDURE – application to amend conditions of development consent pursuant to slip rule – conditions amended
Legislation Cited:	Land and Environment Court Act 1979 s 34 Uniform Civil Procedure Rules 2005 r 36.17
Cases Cited:	The Trustee for Wombarra Vista Unit Trust trading as Wombarra Vista v Wollongong City Council [2021] NSWLEC 1129
Category:	Principal judgment
Parties:	The Trustee for Wombarra Vista Trust trading as Wombarra Vista (Applicant) Wollongong City Council (Respondent)
Representation:	Counsel: A Kelly (Solicitor) (Applicant) E Kilpatrick (Solicitor) (Respondent) Solicitors: Foundation Law Group (Applicant) Wollongong City Council (Respondent)
File Number(s):	2019/405943
Publication restriction:	No

Judgment

1. COMMISSIONER: By Notice of Motion filed 8 June 2012, supported by an affidavit (the accompanying affidavit) filed on 11 June 2021 and sworn by the Applicant’s solicitor, Alexander Duncan Kelly, the Applicant seeks an order with respect to my judgment delivered on 12 March 2021 in The Trustee for Wombarra Vista Unit Trust trading as Wombarra Vista v Wollongong City Council [2021] NSWLEC 1129 (the substantive proceedings).

2. The purpose of the order sought is to correct a minor clerical error within the cover page to Annexure A of the judgment in the substantive proceedings, in which the Parties had, in error, inserted the court case reference number (2019/405943) within a field requiring insertion of the Applicant’s development application number. The correction proposed would provide consistency between my order (4) at [17] of the judgment and the cover page of the accompanying Annexure A.

3. This clerical error had been introduced to the Court when with the Parties filed agreed conditions of consent accompanying their agreement reached pursuant to the provisions of s 34 of the Land and Environment Court Act 1979 which confirmed the basis for resolution of contentions in the appeal.

4. The Respondent stated that it raised no objection to the affidavit of Mr Kelly or to the application contained in the Notice of Motion seeking an order with respect to my judgment in the substantive proceedings (see above at [1]).

5. The order sought, under r 36.17 of the Uniform Civil Procedure Rules 2005 (UCPR), is that the first page of Annexure A to the substantive proceedings be amended in accordance with the accompanying affidavit.

6. Specifically, the affidavit identified that the first administrative line of Annexure A should be amended to read:

“Development Application No: DA-2019/1198”

7. Having considered the application in the Notice of Motion, I am satisfied that an order should be made in this case under UCPR r 36.17.

Orders

8. The Court orders that:

1. Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 the first administrative line of Annexure A to the Court’s decision in The Trustee for Wombarra Vista Unit Trust trading as Wombarra Vista v Wollongong City Council [2021] NSWLEC 1129 is amended to read “Development Application No: DA-2019/1198”.

2. The consent granted by the Court on 12 March 2021 to development application DA-2019/1198 in The Trustee for Wombarra Vista Unit Trust trading as Wombarra Vista v Wollongong City Council [2021] NSWLEC 1129 is now subject to the conditions attached hereto as Annexure A containing the amended first administrative line.

…………………………..

M Chilcott

Commissioner of the Court

Annexure A (1835636, pdf)

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Decision last updated: 23 June 2021