Kaldas v Randwick City Council [2018] NSWLEC 1076

Kaldas v Randwick City Council [2018] NSWLEC 1076

The Court is required to dispose of proceedings and set out terms in writing in accordance with an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, provided the decision could have been made by the Court in the proper exercise of its functions.

Parties
Applicant: Caroline Kaldas; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Modification Application / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered against Applicant
Legal Topics
Modification Application, Conciliation Conference, Development Application, Agreement Between Parties
Planning and Environment Modification Application Conciliation Conference Development Application Agreement Between Parties

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Parties

Caroline Kaldas

Applicant

Randwick City Council

Respondent

Procedural Posture

Modification Application / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether parties could reach agreement under s 34(3) of the Land and Environment Court Act 1979 concerning the modification application

Ratio Decidendi

The Court is required to dispose of proceedings and set out terms in writing in accordance with an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, provided the decision could have been made by the Court in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered against Applicant

Orders

  • The applicant is granted leave to amend the development application in accordance with the plans referred to in condition 1 of Annexure A.
  • The Applicant is to pay the Respondent's costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $6000.00 within 28 days.