Weston Investment Group Pty Ltd v City of Parramatta Council (No 2) [2022] NSWLEC 1374

Land and Environment Court New South Wales

Medium Neutral Citation: Weston Investment Group Pty Ltd v City of Parramatta Council (No 2) [2022] NSWLEC 1374 Hearing dates: 16 May 2022 and 17 May 2022 Date of orders: 15 June 2022 Decision date: 19 July 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court Orders that: 1 Order No (2) in the judgment in Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304 is amended as follows: (1) Pursuant to Rule 36.17 of the Uniform Civil Procedure Rules 2005 Order No. 2 is as follows: "(2) In accordance with s 39(2) of the Land and Environment Court Act 1979, Deferred Commencement Condition No 1 and 2 in Schedule 1 of DA/267/2018B is satisfied conditional upon the Applicant carrying out the following works: (a) Replace the timber mulch on the easement flow path in 9-11 Weston Street with pebbles or like material. (b) Raise the timber edge adjacent to the rear fence by 40mm within the easement at 9-11 Weston Street. (c) Construct a 120mm concrete kerb in accordance with Ex D and the plans in Ex E (SW300 Rev F and SW204 Rev F) within the easement at the rear of 12-16 Hope Street, Rosehill." Catchwords: PROCEDURE – Uniform Civil Procedure Rules – Rule 36.17 – orders amended Legislation Cited: Land and Environment Court Act 1979 s 39(2) Uniform Civil Procedure Rules 2005 – Rules 36.16, 36.17 Cases Cited: Owlstara v State of New South Wales (No. 2) [2020] NSWCA 335. Category: Principal judgment Parties: Weston Investment Group Pty Limited (First Applicant) Magpie Lily Pty Limited (Second Applicant)