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" 1. 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.