Aitchison v Sutherland Shire Council [2016] NSWLEC 48

Aitchison v Sutherland Shire Council [2016] NSWLEC 48

The use of plurals in s 34AA(1)(a)(i) of the Land and Environment Court Act 1979 is intended to describe the types or categories of proceedings to which the section applies, not to mandate application to every instance where multiple dual occupancies are proposed in a single development; thus, the matter does not mandatorily fall within s 34AA(1)(a) for conciliation-arbitration referral.

Parties
Applicant: Andrew Aitchison; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
02 May 2016
Procedural Posture
Appeal / Procedural Ruling on Referral Question
Outcome
Order for conciliation conference under s 34, not s 34AA
Legal Topics
Interpretation of Statutes, Mandatory Referral to Conciliation, Scope of S 34 Aa(1)(a) Land and Environment Court Act 1979
Planning and Environment Law Civil Procedure Interpretation of Statutes Mandatory Referral to Conciliation Scope of S 34 Aa(1)(a) Land and Environment Court Act 1979

Case Brief

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Parties

Andrew Aitchison

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Procedural Ruling on Referral Question

Legal Issues

  1. 1 Whether the plural terms in s 34AA(1)(a)(i) of the Land and Environment Court Act 1979 mandate referral to conciliation as per s 34AA where multiple dual occupancies are involved
  2. 2 Whether the provision covers categories only or specific instances with multiple occurrences in a single application

Ratio Decidendi

The use of plurals in s 34AA(1)(a)(i) of the Land and Environment Court Act 1979 is intended to describe the types or categories of proceedings to which the section applies, not to mandate application to every instance where multiple dual occupancies are proposed in a single development; thus, the matter does not mandatorily fall within s 34AA(1)(a) for conciliation-arbitration referral.

Court Disposition

Order for conciliation conference under s 34, not s 34AA

Orders

  • The appeal is to be the subject of a conciliation conference pursuant to s 34 of the Land and Environment Court Act 1979, not s 34AA.