Silva & anor v Ku-ring-gai Council [2016] NSWLEC 1389

Silva & anor v Ku-ring-gai Council [2016] NSWLEC 1389

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
06 September 2016
Procedural Posture
Class 1 Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)' 's 121 B Order']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)' 's 121 B Order']

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Procedural Posture

Class 1 Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal is upheld.

Orders

  • ['The appeal is upheld.' "The s 121B order dated 6 October 2015 is amended to read as set out in Annexure 'A'." "Liberty is granted to both parties to restore the matter to the list in the event that there is a need to amend the orders set out in Annexure 'A'."]