Samia & Anor v Council of the City of Botany Bay [2016] NSWLEC 1157

Samia & Anor v Council of the City of Botany Bay [2016] NSWLEC 1157

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the decision was one the Court could have made, the proceedings were disposed of in accordance with that agreement without a merit assessment of issues originally in dispute.

Parties
Applicant 1: Joe Samia; Applicant 2: Ahmad Ahmad; Respondent: Council of the City of Botany
Jurisdiction
Australia
Judgment Date
26 April 2016
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders by Consent
Outcome
Orders made by consent of parties under s 34(3) Land and Environment Court Act 1979; proceedings disposed of in accordance with agreement
Legal Topics
Development Application, Conciliation Conference, Section 34 Land and Environment Court Act 1979
Planning and Environment Law Development Application Conciliation Conference Section 34 Land and Environment Court Act 1979

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Parties

Joe Samia

Applicant 1

Ahmad Ahmad

Applicant 2

Council of the City of Botany

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders by Consent

Legal Issues

  1. 1 Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the decision was one the Court could have made, the proceedings were disposed of in accordance with that agreement without a merit assessment of issues originally in dispute.

Court Disposition

Orders made by consent of parties under s 34(3) Land and Environment Court Act 1979; proceedings disposed of in accordance with agreement

Orders

  • Final orders made to give effect to the agreement between the parties on 26 April 2016.