Elip Pty Ltd v City of Ryde Council [2018] NSWLEC 1293

Elip Pty Ltd v City of Ryde Council [2018] NSWLEC 1293

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 any merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Class 1 Development Application Proceedings Concerning Building Certificate Application No. Bc2015/48 / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; respondent agreed to issue a Building Information Certificate; each party to pay its own costs.
Legal Topics
['development Application' 'building Information Certificate' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'building Information Certificate' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']

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Procedural Posture

Class 1 Development Application Proceedings Concerning Building Certificate Application No. Bc2015/48 / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 any merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; respondent agreed to issue a Building Information Certificate; each party to pay its own costs.

Orders

  • ['The Applicant be granted leave to rely upon the specified plans with respect to its Building Certificate Application No. BC2015/48 dated 15 December 2015.' 'The Appeal is upheld.' 'The Respondent agrees to issue a Building Information Certificate pursuant to Section 6.24 of the Environmental Planning and...