Baraz Construction Pty Ltd v Strathfield Council [2016] NSWLEC 1287

Baraz Construction Pty Ltd v Strathfield Council [2016] NSWLEC 1287

The court made orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, being satisfied that the decision is one the court could make in the exercise of its functions.

Parties
Applicant: Baraz Construction Pty Ltd; Respondent: Strathfield Council
Jurisdiction
Australia
Judgment Date
12 July 2016
Procedural Posture
Modification Application, Class 1 / Orders Following Conciliation Conference by Consent
Outcome
Appeal upheld; s 96 modification application approved with modified conditions as per Annexures A and B
Legal Topics
Modification Application, Residential Flat Building, Conciliation Conference, Section 34 Agreement
Planning and Environment Modification Application Residential Flat Building Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Baraz Construction Pty Ltd

Applicant

Strathfield Council

Respondent

Procedural Posture

Modification Application, Class 1 / Orders Following Conciliation Conference by Consent

Legal Issues

  1. 1 Whether the court should make orders to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The court made orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, being satisfied that the decision is one the court could make in the exercise of its functions.

Court Disposition

Appeal upheld; s 96 modification application approved with modified conditions as per Annexures A and B

Orders

  • The applicant is granted leave to rely upon the amended plans referred to in Condition 1 of Annexure 'A'.
  • The Appeal is upheld.