May v Liverpool City Council [2018] NSWLEC 1360

May v Liverpool City Council [2018] NSWLEC 1360

The court, satisfied an agreement was reached under s 34(3) of the Land and Environment Court Act 1979 that the court could have made, disposed of the proceedings and set out orders reflecting that agreement, without making any merit assessment of the disputed issues.

Parties
1st Applicant: Robert May; 2nd Applicant: Josephine May; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Conciliation Conference; Appeal of an Order / Final Orders After Conciliation
Outcome
Appeal upheld by consent; substituted order issued
Legal Topics
Development Application, Conciliation Conference, Orders by Agreement
Planning and Environment Development Application Conciliation Conference Orders by Agreement

Case Brief

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Parties

Robert May

1st Applicant

Josephine May

2nd Applicant

Liverpool City Council

Respondent

Procedural Posture

Conciliation Conference; Appeal of an Order / Final Orders After Conciliation

Ratio Decidendi

The court, satisfied an agreement was reached under s 34(3) of the Land and Environment Court Act 1979 that the court could have made, disposed of the proceedings and set out orders reflecting that agreement, without making any merit assessment of the disputed issues.

Court Disposition

Appeal upheld by consent; substituted order issued

Orders

  • The Appeal is upheld.
  • The Order issued 24 November 2017 is substituted by the terms set out in Annexure 1 to these Orders.