Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 4) [2011] NSWLEC 133

Land and Environment Court New South Wales

Medium Neutral Citation: Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 4) [2011] NSWLEC 133 Hearing dates: 3 August 2011 Decision date: 03 August 2011 Jurisdiction: Class 3 Before: Pepper J Decision: 1. the application is dismissed; and 2. the applicant is to pay the respondent's costs of the motion Catchwords: PROCEDURE - whether a judgment of the Court not yet entered should be set aside - whether the Court's decision was based upon misapprehensions as to fact and/or law - whether error in a later decision infected the judgment to be set aside - principle of finality of litigation - application refused Legislation Cited: Civil Procedure Act 2005, ss 56, 98 Land Acquisition Act (Just Terms Compensation) Act 1991 Land and Environment Court Rules 2007, r 3.7(2) Uniform Civil Procedure Rules 2005, rr 36.16(1), 42.1 Cases Cited: Aktas v Westpac Banking Corp Ltd (No 2) [2010] HCA 47; (2010) 241 CLR 570 De L v Director-General, New South Wales Department of Community Services (No 2) [1997] HCA 14; (1997) 190 CLR 207 Fokas v Kogarah Council [2008] NSWCA 145 Gattuso v Liverpool City Council [2011] NSWLEC 110 Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 3) [2011] NSWLEC 94 Smith v NSW Bar Association (No 2) (1992) 176 CLR 256 McLaughlin v Dungowan Manly Pty Ltd (No 3) [2011] NSWSC 717 Vilro Pty Ltd (in voluntary liquidation) v Roads and Traffic Authority of New South Wales (No 4) [2011] NSWLEC 81 Category: Procedural and other rulings Parties: Diane Kay Halley (Applicant) Minister Administering the Environmental Planning and Assessment Act 1979 (Respondent) Representation: Counsel: Mr T S Hale SC (Applicant) Mr R P L Lancaster SC (Respondent) Solicitors: Bradfield & Scott Lawyers (Applicant) Pikes Lawyers (Respondent) File Number(s): 31077 of 2008