Nhi Giang Nguyen Ly v Hunter's Hill Council [2018] NSWLEC 1060

Nhi Giang Nguyen Ly v Hunter's Hill Council [2018] NSWLEC 1060

The Court, being satisfied that the agreement reached by the parties was one that it could have made in the exercise of its functions under s 34(3), made orders to give effect to that agreement, thereby disposing of the proceedings.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference Agreement; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away due to amendment
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'appeal Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'appeal Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference Agreement; Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be disposed of by the Court."]

Ratio Decidendi

The Court, being satisfied that the agreement reached by the parties was one that it could have made in the exercise of its functions under s 34(3), made orders to give effect to that agreement, thereby disposing of the proceedings.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away due to amendment

Orders

  • ['The applicant is granted leave to amend the development application and rely on the plans referred to in Condition A2 of the conditions in Annexure A.' 'The appeal is upheld.' "Development Application DA2017-1051 for the demolition of existing dwelling and construction of a new two storey dwelling and garage with...