Bernabe Ramos v Bayside Council [2017] NSWLEC 1018

Bernabe Ramos v Bayside Council [2017] NSWLEC 1018

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 proceedings were disposed of in accordance with the agreement by upholding the appeal and substituting the Council's order with an Order 12 under section 124 of the Local Government Act.

Jurisdiction
Australia
Judgment Date
11 January 2017
Procedural Posture
Class 2 Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld in the terms set out in the orders.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'council Order' 'order 12 Under Section 124 of the Local Government Act']
['planning and Environment' 'local Government'] ['conciliation Conference' 'agreement Between the Parties' 'council Order' 'order 12 Under Section 124 of the Local Government Act']

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Procedural Posture

Class 2 Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

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 proceedings were disposed of in accordance with the agreement by upholding the appeal and substituting the Council's order with an Order 12 under section 124 of the Local Government Act.

Court Disposition

The appeal is upheld in the terms set out in the orders.

Orders

  • ['The Appeal is upheld in the terms set out at (2) herein;' 'The Court substitutes the entire Order given by Bayside Council (formerly the Council of the City of Botany Bay) to the Applicant on 23 August 2016 (being the Order that is under appeal) with an Order 12 made pursuant to section 124 of the Local Government...