Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349 Hearing dates: 12 September 2011 Decision date: 15 November 2011 Before: Giles JA at 1; Basten JA at 2; Macfarlan JA at 59 Decision: (1) Allow the appeal and set aside the orders made in the Land and Environment Court on 14 December 2010. (2) Remit the proceedings to the Land and Environment Court for determination of the appropriate relief. (3) Order that the second and third respondents pay the appellant's costs of the appeal. (4) Direct that the Land and Environment Court, on remitter, determine any order as to the costs of the proceedings in that Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - obligation of decision-maker to consider specified matter as a precondition to the validity of a decision - further consideration in exercise of separate power not inconsistent with obligation

COSTS - varying judgment or order - remittal - order for costs in court below

JUDICIAL REVIEW - limitation period - whether notice commencing period "in accordance with the regulations"