Madi v Bayside Council [2018] NSWLEC 1422

Madi v Bayside Council [2018] NSWLEC 1422

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'building Information Certificate' 'unauthorised Concrete Slab']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'building Information Certificate' 'unauthorised Concrete Slab']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was upheld and orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The Appeal is upheld;' 'The Council is hereby directed, within 14 days of the making of these orders, to issue a building information certificate to the Applicant in relation to the unauthorised concrete slab indicated on the works as executed survey prepared by Graham Wilson of Keystone Surveyors Pty Ltd titled...