Malifa v Georges River Council [2019] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Malifa v Georges River Council [2019] NSWCA 139 Hearing dates: 31 May 2019 Decision date: 31 May 2019 Before: McCallum JA at [1]; Emmett AJA at [19] Decision: (1) refuse leave to appeal; (2) order the applicant to pay the respondent's costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – leave to appeal from consent orders – no reason to grant leave established Legislation Cited: Corporations Act 2001 (Cth) Protection of the Environment Operations Act 1997 (NSW), s 96 Land and Environment Court Act 1979 (NSW), s 58 Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 7.2 Category: Principal judgment Parties: Taeipo Malifa (applicant) Georges River Council (respondent) Representation: Counsel: Applicant (self-represented) M Seymour (respondent)

Solicitors: HWL Ebsworth (respondent) File Number(s): 2019/00043432 Publication restriction: None Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 4 Citation: [2018] NSWLEC 200 Date of Decision: 12 December 2018 Before: Moore J File Number(s): 2018/23816

[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.]