› Whether s 149 planning certificate constituted new evidence
› Public interest in finality of litigation
Practice and Procedure
› Setting aside judgment
› Fraud
› Procedural requirements
› Whether application should be brought by separate proceeding
Evidence
› Proof of legislative instruments
› Local environmental plans
› Whether proof required
› Evidence Act 1995 (NSW), ss 143, 144
Quick Take
A s 149 planning certificate issued under a subsequent local environmental plan cannot constitute 'new evidence' of fraud in relation to a development consent granted under an earlier plan.