Bobolas v Waverley Council

[2015] NSWCA 216

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying judgments or orders
4. › Application to set aside single judge's orders
5. › Whether orders irregularly made
6. › Whether failure to deal with all claims in notice of motion constitutes irregularity
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16(3A), 36.17
1. Practice and Procedure
2. › Stay of proceedings
3. › Application for stay of Land and Environment Court orders
4. › Refusal of stay
5. › Whether refusal should be set aside
6. › Uniform Civil Procedure Rules 2005 (NSW), r 12.11
1. Practice and Procedure
2. › Costs
3. › Discretion as to costs
4. › Whether costs order of 'costs in the appeal' involved error
5. › Civil Procedure Act 2005 (NSW), ss 42(1), 98

Quick Take

A court's failure to expressly deal with every paragraph of a notice of motion does not render the resulting orders irregular under UCPR r 36.15(1) where the relief sought was inconsistent with the court's principal determination. An order directing costs be 'costs in the appeal' rather than following the event is a permissible exercise of the costs discretion under s 98 of the Civil Procedure Act 2005 (NSW).