El Boustani v The Minister administering the Environmental Planning and Assessment Act 1979 (No 2) [2014] NSWCA 114

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El Boustani v The Minister administering the Environmental Planning and Assessment Act 1979 (No 2) [2014] NSWCA 114 Hearing dates: 12 November 2013 Decision date: 08 April 2014 Before: Beazley P; Gleeson JA; Preston CJ of LEC Decision: 1. Order 1 of the Court's orders of 28 February 2014 is corrected by omitting the year "2014" and instead inserting "2013". 2. Order 3 of the Court's orders of 28 February 2014 is varied by inserting after the words "the orders" the words "(except Order 4)". [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: CONSEQUENTIAL ORDERS -correction of orders under slip rule - correction of clerical mistake of incorrect year in order extending time to appeal - correction of an order so as to set aside only one rather than all of lower court's orders not within slip rule - alternative power to vary order - application made within 14 days of entry of order - not appropriate to vary order setting aside lower court's orders that were outside power - appropriate with consent to vary order so as not to set aside lower court's order as to costs Legislation Cited: Civil Procedure Act 2005 s 14 Land Acquisition (Just Terms Compensation) Act 1991 ss42, 47, 66(1),(2), Pt 3 Land and Environment Court Act 1979 s 24(1) Uniform Civil Procedure Rules 2005 r 18.1, 18.2, 36.16(1)(3A), 36.17 Category: Consequential orders Parties: Elias El Boustani (First Appellant) Guita El Boustani (Second Appellant) The Minister Administering the Environmental Planning and Assessment Act 1979 (Respondent) Representation: Mr T F Robertson SC with Mr J E Lazarus and Ms J Walker (Appellants) Mr I J Hemmings SC with Mr S B Nash (Respondent) HWL Ebsworth (Appellants) Hunt & Hunt (Respondent) File Number(s): 397031 of 2012 Decision under appeal Citation: [2012] NSWLEC 266 Date of Decision: 2012-12-06 00:00:00 Before: Pepper J File Number(s): 30818 of 2010