Rabbits Eat Lettuce Pty Ltd v Richmond Valley Council (No 2) [2019] NSWLEC 1069

Land and Environment Court New South Wales

Medium Neutral Citation: Rabbits Eat Lettuce Pty Ltd v Richmond Valley Council (No 2) [2019] NSWLEC 1069 Hearing dates: Notice of Motion on 13 February 2019; Conciliation conference on 20 December 2018 and 13 February 2019 Date of orders: 13 February 2019 Decision date: 13 February 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: See orders at [29] below Catchwords: DEVELOPMENT CONTROL ORDER – removal of structures – conciliation conference – agreement between the parties – orders

NOTICE OF MOTION: joint application to set aside the Court's orders to allow for substitution of required works – Uniform Civil Procedure Rules – rule 36.15 Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Category: Principal judgment Parties: Rabbits Eat Lettuce Pty Ltd (Applicant) Richmond Valley Council (Respondent) Representation: Solicitors: R Fox, Fishburn Watson O'Brien (Applicant) C Rose, Swaab Attorneys (Respondent) File Number(s): 2018/216259 Publication restriction: No

Judgment 1. On 24 December 2018, I delivered a judgment and made final orders disposing of these proceedings in accordance with the parties' executed s34 agreement. 2. Today I have been asked to set aside those final orders and to make new orders, but this time referencing an Annexure A that is different to the comparable annexure to the December orders. 3. Let me explain.