Burke v Woollahra Council [2017] NSWLEC 1363
The applicant and respondent reached agreement following a conciliation conference; the Court, satisfied the proposed decision could have been made in the proper exercise of its functions, disposes of the proceedings in accordance with that agreement as mandated by s 34(3) of the Land and Environment Court Act 1979.
- Parties
- Applicant: Adir Burke; Respondent: Woollahra Council
- Jurisdiction
- Australia
- Judgment Date
- 11 July 2017
- Procedural Posture
- Class 1 Proceeding / Post Conciliation Conference Orders
- Outcome
- Appeal upheld; development application approved subject to conditions; costs order made
- Legal Topics
- Development Application, Conciliation Conference, Agreement Between Parties
Case Brief
Summary, issues, holding and outcome
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Parties
Adir Burke
Applicant
Woollahra Council
Respondent
Procedural Posture
Class 1 Proceeding / Post Conciliation Conference Orders
Legal Issues
- 1 Disposition of appeal following conciliation conference under s 34(3) of the Land and Environment Court Act 1979
Ratio Decidendi
The applicant and respondent reached agreement following a conciliation conference; the Court, satisfied the proposed decision could have been made in the proper exercise of its functions, disposes of the proceedings in accordance with that agreement as mandated by s 34(3) of the Land and Environment Court Act 1979.
Court Disposition
Appeal upheld; development application approved subject to conditions; costs order made
Orders
- The Applicant be granted leave to rely upon the specified amended plans and documents.
- The Applicant is to pay the Respondent's costs as agreed at $2,500.00 within 14 days.
Full Case Text
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