Hastings Point Progress Association Inc v Tweed Shire Council (No 2) [2009] NSWCA 404

New South Wales Court of Appeal

CITATION: Hastings Point Progress Association Inc v Tweed Shire Council (No 2) [2009] NSWCA 404

HEARING DATE(S): On the papers

JUDGMENT DATE: 10 December 2009

JUDGMENT OF: McColl JA at 1; Young JA at 1; Basten JA at 13

DECISION: 1. Motion dismissed. 2. Costs of the motion reserved. 3. Appellant to file and serve written submissions and any evidence in support addressing the issue of the costs of the appeal and the motion on or before 18 December 2009. 4. Second respondent to file and serve written submissions addressing the issue of the costs of the appeal and the motion on or before 15 January 2010. 5. Appellant to file and serve any written submissions in reply on or before 22 January 2010.

CATCHWORDS: PROCEDURE – judgments and orders – amending orders – application to amend orders from dismissing appeal to allowing appeal – inherent jurisdiction of Court to correct order – Uniform Civil Procedure Rules 2005 (NSW), 36.17

Environmental Planning and Assessment Act 1979 (NSW) LEGISLATION CITED: State Environmental Planning Policy (Seniors Living) 2004 Tweed Local Environmental Plan 2000 Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY: Consequential orders

Brooker v Friend & Brooker Pty Ltd (No 2) [2008] NSWCA 129 CASES CITED: Hastings Point Progress Association Inc v Tweed Shire Council [2009] NSWCA 285; (2009) 168 LGERA 99 Newmont Yandal Operations Pty Ltd v J Aron Corp [2007] NSWCA 195; (2007) 70 NSWLR 411

Hastings Point Progress Association Inc - Appellant PARTIES: Tweed Shire Council - First Respondent Aeklig - Second Respondent