Welsh Property Consulting Pty Ltd v The Hills Shire Council (No 2) [2016] NSWLEC 107

Land and Environment Court New South Wales

Medium Neutral Citation: Welsh Property Consulting Pty Ltd v The Hills Shire Council (No 2) [2016] NSWLEC 107 Hearing dates: 17 August 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Class 1 Before: Sheahan J Decision: (1) The orders made in these matters on 14 July 2016 are confirmed. (2) The Notices of Motion filed by the Applicant on 28 July 2016 are dismissed. (3) Each party is to pay its own costs of those Notices of Motion. (4) Council's Notice of Motion of 13 August 2015 is again referred to the Registrar for further directions. If Council wishes to proceed further with it, it should secure, electronically, its relisting before the Registrar. Catchwords: PRACTICE AND PROCEDURE: applications to set aside orders later said to have been made under a misunderstanding – remedy under the rules discretionary – applications refused. Legislation Cited: Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2007 Cases Cited: Bankstown City Council v Mohamad El Dana [2009] NSWLEC 68 Coulton v Holcombe [1986] HCA 33; 162 CLR 1; 65 ALR 656 University of Wollongong v Metwally (No 2) [1985] HCA 28; 60 ALR 68 Welsh Property Consulting Pty Limited v The Hills Shire Council [2015] NSWLEC 1288 Welsh Property Consulting Pty Ltd v The Hills Shire Council [2016] NSWLEC 84 Category: Principal judgment Parties: Welsh Property Consulting Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr I Hemmings, SC (Applicant) Mr M Wright, barrister (Respondent)