Koresoft Pty Ltd v Natural Resources Access Regulator [2019] NSWLEC 1421

Koresoft Pty Ltd v Natural Resources Access Regulator [2019] NSWLEC 1421

Because the parties reached agreement at the s 34 conciliation conference to uphold the appeal and repeal the Stop Work Order, no jurisdictional impediments were identified, and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and repeal the order.

Jurisdiction
Australia
Judgment Date
10 September 2019
Procedural Posture
Class 1 Appeal Against a Stop Work Order / Conciliation Conference; Parties Reached Agreement and Final Orders Made
Outcome
Appeal upheld; Stop Work Order dated 21 December 2018 repealed.
Legal Topics
['stop Work Order' 'unlawful Construction of a Water Management Work' 'conciliation Conference' 'appeal' 'repeal of Orders']
['environmental Law' 'water Management' 'administrative Law'] ['stop Work Order' 'unlawful Construction of a Water Management Work' 'conciliation Conference' 'appeal' 'repeal of Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Stop Work Order / Conciliation Conference; Parties Reached Agreement and Final Orders Made

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at the conciliation conference." 'Whether the Stop Work Order dated 21 December 2018 issued by the Respondent to the Applicant should be repealed.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference to uphold the appeal and repeal the Stop Work Order, no jurisdictional impediments were identified, and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and repeal the order.

Court Disposition

Appeal upheld; Stop Work Order dated 21 December 2018 repealed.

Orders

  • ['The Stop Work Order dated 21 December 2018 issued by the Respondent to the Applicant is repealed.']