Debb Investments Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1027
The agreement between the parties reached at the conciliation conference satisfied the statutory criteria under s 34(3) of the Land and Environment Court Act 1979, thus requiring the Court to dispose of the proceedings in accordance with the agreement and make orders giving it effect.
- Parties
- Applicant: Debb Investments PTY LTD; Respondent: Ku-ring-gai City Council
- Jurisdiction
- Australia
- Judgment Date
- 25 January 2018
- Procedural Posture
- Development Application Appeal / Agreed Orders Following Conciliation Conference
- Outcome
- Appeal upheld by consent and development consent granted subject to conditions; costs orders made.
- Legal Topics
- Development Application, Consent Orders, Conciliation Conference
Case Brief
Summary, issues, holding and outcome
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Parties
Debb Investments PTY LTD
Applicant
Ku-ring-gai City Council
Respondent
Procedural Posture
Development Application Appeal / Agreed Orders Following Conciliation Conference
Legal Issues
- 1 Whether an agreement reached at conciliation can be given effect by the Court under s 34(3) of the Land and Environment Court Act 1979
Ratio Decidendi
The agreement between the parties reached at the conciliation conference satisfied the statutory criteria under s 34(3) of the Land and Environment Court Act 1979, thus requiring the Court to dispose of the proceedings in accordance with the agreement and make orders giving it effect.
Court Disposition
Appeal upheld by consent and development consent granted subject to conditions; costs orders made.
Orders
- Leave to amend development application by substituting new plans and documentation.
- Appeal upheld.
Full Case Text
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