Santin v Lismore City Council [2021] NSWLEC 119

Land and Environment Court New South Wales

Medium Neutral Citation: Santin v Lismore City Council [2021] NSWLEC 119 Hearing dates: 24 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [16] Catchwords: CIVIL PROCEDURE — Registrars — Review of Registrar's decision — Motion to amend Registrar's decision on amendment of modification application — Motion granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 49.19 Cases Cited: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112; (2021) 247 LGERA 318 Groeneveld v Wollongong City Council [2009] NSWLEC 149; (2009) 168 LGERA 260 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural rulings Parties: Michael Santin (Respondent on the Motion) Lismore City Council (Applicant on the Motion) Representation: Counsel: T To (Respondent on the Motion) N Hammond (Applicant on the Motion)

Solicitors: Fishburn Watson O'Brien (Respondent on the Motion) Clayton Utz (Applicant on the Motion) File Number(s): 2021/00026242 Publication restriction: Nil

EX TEMPORE Judgment (REVISED) 1. Before me as Duty Judge is a notice of motion filed 17 June 2021 whereby Lismore City Council ('Council'), the respondent in these Class 1 appeal proceedings, seeks an order setting aside orders made by the Registrar on 27 May 2021 in accordance with r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR'). 2. As Michael Santin, the 'applicant' in these Class 1 proceedings, has agreed to the orders sought by Council, I indicated it is my intention to make those orders. Despite this, I have been requested to give reasons, which I now provide.