Schleich v Byron Shire Council [2020] NSWLEC 1323

Schleich v Byron Shire Council [2020] NSWLEC 1323

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979 to uphold the appeal and modify the orders, and because the Court was satisfied that the proposed decision was one it could make 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
24 July 2020
Procedural Posture
Class 1 Appeal Pursuant to S 180 of the Local Government Act 1993 Against Emergency Orders Issued Pursuant to S 124 of the LGA / Disposition Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and the Orders the subject of the proceedings are amended in accordance with Annexure A.
Legal Topics
['emergency Orders' 'make Premises Safe' 'retaining Wall and Drainage Works' 'conciliation Conference' 'agreement Between the Parties']
['local Government' 'land and Environment Court Proceedings'] ['emergency Orders' 'make Premises Safe' 'retaining Wall and Drainage Works' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 180 of the Local Government Act 1993 Against Emergency Orders Issued Pursuant to S 124 of the LGA / Disposition Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34 of the Land and Environment Court Act 1979." 'Whether the Court could properly exercise its function under s 180(4) of the Local Government Act 1993 to modify the orders.']

Ratio Decidendi

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979 to uphold the appeal and modify the orders, and because the Court was satisfied that the proposed decision was one it could make 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 is upheld and the Orders the subject of the proceedings are amended in accordance with Annexure A.

Orders

  • ['The appeal is upheld.' 'Pursuant to section 180 of the Local Government Act 1993, the Orders the subject of these proceedings, is amended in accordance with the amended Order annexed and marked A.']