Koresoft Pty Ltd v Byron Shire Council [2018] NSWLEC 1180

Koresoft Pty Ltd v Byron Shire Council [2018] NSWLEC 1180

As an agreement satisfactory to the parties was reached at conciliation and was a decision the Court could have made, the proceedings are disposed of accordingly under s 34(3) of the Land and Environment Court Act 1979 by substituting Prevention Notice Annexure "B" for Annexure "A" and ordering each party to pay its own costs.

Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Appeal Class 1 (environmental/planning) / Post Conciliation Conference
Outcome
Orders by consent after conciliation conference; Prevention Notice substituted; costs agreed; no admissions made
Legal Topics
['prevention Notice' 'sedimentation Control' 'settlement (conciliation)']
['environmental Law' 'planning Law'] ['prevention Notice' 'sedimentation Control' 'settlement (conciliation)']

Case Brief

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Procedural Posture

Appeal Class 1 (environmental/planning) / Post Conciliation Conference

Legal Issues

  1. 1 ['Validity and terms of the Prevention Notice issued under the Protection of the Environment Operations Act 1997']

Ratio Decidendi

As an agreement satisfactory to the parties was reached at conciliation and was a decision the Court could have made, the proceedings are disposed of accordingly under s 34(3) of the Land and Environment Court Act 1979 by substituting Prevention Notice Annexure "B" for Annexure "A" and ordering each party to pay its own costs.

Court Disposition

Orders by consent after conciliation conference; Prevention Notice substituted; costs agreed; no admissions made

Orders

  • ["The Prevention Notice dated 6 October 2017 (Annexure 'A') is the subject of these proceedings." "The Prevention Notice at Annexure 'B' is substituted for the Prevention Notice at Annexure 'A'." 'Each party is to pay its own costs of the proceedings.' 'The Applicant makes no admissions in entering or consenting to...