Dimitrios Markakis v Inner West Council [2017] NSWLEC 1424

Dimitrios Markakis v Inner West Council [2017] NSWLEC 1424

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

Jurisdiction
Australia
Judgment Date
07 August 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
The appeal was upheld and Development Application No. DA 2015/00721 was approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.']

Ratio Decidendi

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

Court Disposition

The appeal was upheld and Development Application No. DA 2015/00721 was approved subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the specified plans and documents as the plans relied upon for the purposes of the development application.' 'The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B...