Sipos v Randwick City Council [2016] NSWLEC 1479

Sipos v Randwick City Council [2016] NSWLEC 1479

The parties agreed to terms under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner, being satisfied the agreement could properly be made, disposed of the proceedings in accordance with that agreement without any merit assessment of the original issues.

Parties
Applicant: Elizabeth Sipos; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
10 October 2016
Procedural Posture
Class 1 Development Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld by agreement and orders made by consent under s 34(3) Land and Environment Court Act 1979.
Legal Topics
Modification Application, Development Consent, Conciliation Conference, Section 34 Agreement
Planning and Environment Modification Application Development Consent Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Elizabeth Sipos

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Development Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties for disposal of the proceedings
  2. 2 Whether the Court could make orders in accordance with the agreement

Ratio Decidendi

The parties agreed to terms under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner, being satisfied the agreement could properly be made, disposed of the proceedings in accordance with that agreement without any merit assessment of the original issues.

Court Disposition

Appeal upheld by agreement and orders made by consent under s 34(3) Land and Environment Court Act 1979.

Orders

  • The applicant is granted leave to rely on the amended plans as identified in Condition 1C and Condition 4A of Annexure 'A'.
  • The appeal is upheld.