NSW Caselaw
New South Wales Court of Appeal
CITATION: MURLAN CONSULTING PTY LTD v KU-RING-GAI MUNICIPAL COUNCIL (NO 2) [2009] NSWCA 318 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): On the papers
JUDGMENT DATE: 6 October 2009
JUDGMENT OF: Basten JA at 1; Macfarlan JA at 1; Sackville AJA at 1
(1) Set aside the orders made by Pain J on 4 December 2008.
DECISION: (2) Remit the reamended notice of motion filed on 18 November 2008 for determination by the Land and Environment Court.
(3) Dismiss the appeal from the orders as to costs made on 25 February 2009. (4) Order that the first respondent pay the appellant's costs in this Court.
CATCHWORDS: COSTS – initial order for costs of motion in court below – additional order for costs thrown away – appeal from additional order dismissed – substantive issue remitted for determination in court below – whether initial costs order to be set aside and costs to be determined on hearing of remitter - JUDGMENT – application to vary order – orders not entered – inconsistency between reasons and orders - JUDGMENT – application to vary order – typographical error – correction under slip rule
LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW), r 36.12
CATEGORY: Consequential orders
CASES CITED: Murlan Consulting Pty Ltd v Ku-ring-gai Municipal Council [2009] NSWCA 300
Murlan Consulting Pty Ltd – Appellant PARTIES: Ku-ring-gai Municipal Council – First Respondent John Williams Neighbourhood Group – Second Respondent
FILE NUMBER(S): CA 40127/09
COUNSEL: M A Pembroke SC/R P Lancaster/H Bennett – Appellant J E Griffiths SC/M N Allars – First Respondent
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