McKenzie v Ku-ring-gai Council [2017] NSWLEC 1267

McKenzie v Ku-ring-gai Council [2017] NSWLEC 1267

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 proceedings were disposed of in accordance with that agreement without a merit assessment of the original issues in dispute.

Jurisdiction
Australia
Judgment Date
29 May 2017
Procedural Posture
Appeal Under S 121 K of the Environmental Planning and Assessment Act 1979 Against an Order for the Removal of a Front Fence / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld; the respondent's order 13 is modified; each party is to pay their own costs.
Legal Topics
['order for Removal of Front Fence' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)' 'modification of Council Order']
['planning and Environment' 'land and Environment Court Proceedings'] ['order for Removal of Front Fence' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)' 'modification of Council Order']

Case Brief

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Procedural Posture

Appeal Under S 121 K of the Environmental Planning and Assessment Act 1979 Against an Order for the Removal of a Front Fence / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." '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 proceedings were disposed of in accordance with that agreement without a merit assessment of the original issues in dispute.

Court Disposition

The appeal is upheld; the respondent's order 13 is modified; each party is to pay their own costs.

Orders

  • ['The Appeal is upheld.' "The Respondent's order 13 issued pursuant to Section 121B of the Environmental Planning and Assessment Act (NSW) 1979 dated 9 November 2016 is modified in accordance with Annexure 'A' attached." 'Each party pay their own costs.']