NIX v PITTWATER COUNCIL [1995] NSWCA 322

NIX v PITTWATER COUNCIL

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

GLEESON CJ, PRIESTLEY JA and POWELL JA 15 August 1995

[1995] NSWCA 322

Gleeson CJ. We have before us this morning two motions arising out of an appeal that was heard by this court some time ago and determined on 16 August 1994. The appeal was from the decision of Bannon J in the Land and Environment Court.

The background to the dispute between the parties to the appeal is complicated and I do not intend to say anything by way of summary of the relevant facts. It suffices to say that following the hearing before Bannon J in the Land and Environment Court his Honour made lengthy and complex orders to give effect to his judgment.

This court on the appeal partly agreed and partly disagreed with what Bannon J did and, having delivered our reasons for judgment, we left it to the parties to prepare and bring in short minutes of order to give effect to our reasons for judgment.

Some months elapsed, and on 13 April 1995 the parties, by consent, handed up to the court short minutes of orders which they agreed reflected thejudgment of this court or, more accurately, the judgment of Bannon J as modified by the judgment of this court. Those orders have never been formally entered.

Counsel for the Pittwater Council in support of the Council's motion before the court today has submitted that, as a result of inadvertence on the part of those representing the Council, there were certain omissions of a material nature from the Minutes of Order. We have been presented, in the form of an annexure to an affidavit of Jane Margaret Jagot dated 31 May 1995, with alternative Short Minutes of Order which, it is said, rectify that inadvertence and give effect to the judgment of this court and the judgment of Bannon J to the extent to which it was not modified by the judgment of this court.