Cora Lei v Wollongong City Council [2017] NSWLEC 1572

Cora Lei v Wollongong City Council [2017] NSWLEC 1572

As the parties reached an agreement at or after the conciliation conference and the Commissioner was satisfied the decision could be made by the Court, the Court was required to dispose of the proceedings in accordance with the agreement and set it out in writing as orders.

Parties
Applicant: Cora Lei; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
11 October 2017
Procedural Posture
Appeal / Conciliation Conference and Disposal by Consent Orders
Outcome
Appeal upheld by consent; consent orders made under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Conciliation Conference Consent Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Cora Lei

Applicant

Wollongong City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Disposal by Consent Orders

Legal Issues

  1. 1 Whether the parties have reached an acceptable agreement under s 34(3) of the Land and Environment Court Act 1979 regarding the development application.

Ratio Decidendi

As the parties reached an agreement at or after the conciliation conference and the Commissioner was satisfied the decision could be made by the Court, the Court was required to dispose of the proceedings in accordance with the agreement and set it out in writing as orders.

Court Disposition

Appeal upheld by consent; consent orders made under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • The appeal is upheld.
  • DA-2016/1216 is determined by the grant of consent, subject to the conditions at Annexure A.