APPEAL — development control order — directions made in earlier decision for the preparation of a modified order — modified order provided — dispute over proposed changes — final orders made
Quick Take
1The process of working out final orders following a principal judgment is not an opportunity for parties to raise new issues not ventilated at the hearing; doing so offends the principle of finality of litigation.
2A Restore Works Order under Item 10 of Pt 1 of Sch 5 of the Environmental Planning and Assessment Act 1979 (NSW) is confined to restoring premises to the condition before unlawful works occurred, and cannot extend to requiring restoration of areas beyond those in which the illegal clearing took place.
3A party that makes a forensic decision not to dispute a factual matter at hearing is bound by that decision and cannot seek to reopen it at the stage of formulating final orders.
