Touma v Canterbury Bankstown Council [2017] NSWLEC 1453

Touma v Canterbury Bankstown Council [2017] NSWLEC 1453

Where the Court is satisfied that an agreement reached by the parties after conciliation conference is one which the Court could have made, the Court must dispose of the proceedings in accordance with that agreement per Land and Environment Court Act 1979, s 34(3).

Jurisdiction
Australia
Judgment Date
22 August 2017
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Applications' 'conciliation Conference' 'appeal']
['planning and Environment'] ['development Applications' 'conciliation Conference' 'appeal']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be approved by the Court; Whether the Court could have made the decision in proper exercise of its functions']

Ratio Decidendi

Where the Court is satisfied that an agreement reached by the parties after conciliation conference is one which the Court could have made, the Court must dispose of the proceedings in accordance with that agreement per Land and Environment Court Act 1979, s 34(3).

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application 45/2017 for the erection of a two storey detached dwelling at 50B Dunstaffenage Street, Hurlstone Park, is approved, subject to the conditions set out in Annexure A.']