Jesse Adams Stein & Anor v Inner West Council [2017] NSWLEC 1623
Agreement between parties at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is binding if the Court is satisfied it could have made such a decision; accordingly, orders were made to give effect to that agreement, without a merit assessment of original issues.
- Jurisdiction
- Australia
- Judgment Date
- 07 November 2017
- Procedural Posture
- Appeal (class 1 Modification Appeal) / Disposition After Conciliation Conference Agreement
- Outcome
- Appeal upheld by consent of the parties at conciliation conference
- Legal Topics
- ['modification of Consent' 'conciliation Conference' 'development Applications']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal (class 1 Modification Appeal) / Disposition After Conciliation Conference Agreement
Legal Issues
- 1 ['Whether conditions of Development Consent No. D/2016/599 should be modified for alterations and additions to an existing dwelling']
Ratio Decidendi
Agreement between parties at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is binding if the Court is satisfied it could have made such a decision; accordingly, orders were made to give effect to that agreement, without a merit assessment of original issues.
Court Disposition
Appeal upheld by consent of the parties at conciliation conference
Orders
- ['Appeal is upheld.' 'Development Consent No. D/2016/599 is determined by approving the modifications set out in Annexure A.' 'Development Consent No. DA/2016/599 is now subject to the consolidated, modified conditions set out in Annexure B.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment