Aesthete No. 9 Pty Limited v Blue Mountains City Council [2019] NSWLEC 81

Land and Environment Court New South Wales

Medium Neutral Citation: Aesthete No. 9 Pty Limited v Blue Mountains City Council [2019] NSWLEC 81 Hearing dates: 27 May 2019 Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The amended notice of motion filed on 29 April 2019 is dismissed. (2) Order 2 of the Court's orders dated 16 April 2019 is corrected by omitting the words "development application" and inserting instead "development consent". Catchwords: JUDGMENT AND ORDERS – judgment in accordance with parties' agreement reached at conciliation conference – application to reopen proceedings after judgment – application to set aside judgment – application to set aside parties' agreement – ancillary jurisdiction of Land and Environment Court – no basis to set aside judgment established – notice of motion dismissed Legislation Cited: Biosecurity Act 2015 Civil Procedure Act 2005 s 56 Environmental Planning Assessment Act 1979 s 4.55 Land and Environment Court Act 1979 s 34 Uniform Civil Procedure Rules 2005 r 36.16 Cases Cited: Aesthete No. 9 Pty Limited v Blue Mountains City Council [2017] NSWLEC 1199 Aesthete No. 9 Pty Ltd v Blue Mountains City Council [2019] NSWLEC 1178 Council of the City of Sydney v Wilson Parking Australia Pty Ltd & Anor [2015] NSWLEC 42 Category: Procedural and other rulings Parties: Aesthete No. 9 Pty Limited (Applicant on the Motion) Blue Mountains City Council (Respondent on the Motion) Representation: Counsel: Mr F Amirbeaggi (solicitor) Mr T Cork (solicitor)