Georgette v Sutherland Shire Council [2023] NSWLEC 1646

Georgette v Sutherland Shire Council [2023] NSWLEC 1646

The parties reached agreement at the conciliation conference to uphold the appeal and modify the council order. The appeal was filed within 28 days after service of the order, and the proposed modification was within the Court's power under s 180(4)(b) of the Local Government Act 1993. Because the agreed decision...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Class 2 Miscellaneous Appeal Pursuant to S 180 of the Local Government Act 1993 Against an Order Issued by the Council / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement
Outcome
The appeal was upheld and the council order was amended.
Legal Topics
['order Appeal' 'keeping Premises in Healthy Condition' 'odour Nuisance' 'keeping Cats at Residential Premises' 'conciliation Conference' 'modification of Council Order']
['local Government' 'land and Environment'] ['order Appeal' 'keeping Premises in Healthy Condition' 'odour Nuisance' 'keeping Cats at Residential Premises' 'conciliation Conference' 'modification of Council Order']

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Procedural Posture

Class 2 Miscellaneous Appeal Pursuant to S 180 of the Local Government Act 1993 Against an Order Issued by the Council / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for modifying the council order under s 180(4)(b) of the Local Government Act 1993 were satisfied.']

Ratio Decidendi

The parties reached agreement at the conciliation conference to uphold the appeal and modify the council order. The appeal was filed within 28 days after service of the order, and the proposed modification was within the Court's power under s 180(4)(b) of the Local Government Act 1993. Because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was upheld and the council order was amended.

Orders

  • ['The appeal is upheld.' 'The Order issued by the Respondent, pursuant to s 124 of the Local Government Act 1993, be amended.' '"TO DO WHAT" is amended so that no more than ten (10) cats are kept on the subject premises at any time, with no more than six (6) cats in the existing cat enclosure in the rear yard and no...