JK Canterbury Holdings Pty Ltd v Inner West Council [2016] NSWLEC 1621
Agreement was reached at a conciliation conference between the parties under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied the Court could have made the agreed decision, and the final orders give effect to that agreement.
- Parties
- Applicant: JK Canterbury Holdings Pty Ltd; Respondent: Inner West Council
- Jurisdiction
- Australia
- Judgment Date
- 21 December 2016
- Procedural Posture
- Appeal / Conciliation Conference, Final Orders Made
- Outcome
- Appeal upheld; development consent granted, with costs ordered as agreed
- Legal Topics
- Development Application, Long Day Care Centre, Conciliation Conference, Development Consent
Case Brief
Summary, issues, holding and outcome
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Parties
JK Canterbury Holdings Pty Ltd
Applicant
Inner West Council
Respondent
Procedural Posture
Appeal / Conciliation Conference, Final Orders Made
Legal Issues
- 1 Whether development consent should be granted for a long day care centre after agreement at conciliation conference
Ratio Decidendi
Agreement was reached at a conciliation conference between the parties under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied the Court could have made the agreed decision, and the final orders give effect to that agreement.
Court Disposition
Appeal upheld; development consent granted, with costs ordered as agreed
Orders
- Leave granted to rely on specified amended plans
- Applicant to pay Respondent's costs agreed at $1,500.00 upon execution of agreement
Full Case Text
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