Cynthia Ann Johnson and Wayne Taylor v North Sydney Council [2017] NSWLEC 1529

Cynthia Ann Johnson and Wayne Taylor v North Sydney Council [2017] NSWLEC 1529

As the parties reached agreement under s 34(3) and the Commissioner was satisfied the Court could have made that decision, the Court ordered the disposal of proceedings in accordance with the decision, without the need for merits assessment.

Jurisdiction
Australia
Judgment Date
18 September 2017
Procedural Posture
Class 1 / Conciliation Conference With Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld in part by agreement; respondent’s order modified; leave granted to file plans; no order as to costs.
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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Procedural Posture

Class 1 / Conciliation Conference With Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties could reach a lawful agreement to dispose of the proceedings under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

As the parties reached agreement under s 34(3) and the Commissioner was satisfied the Court could have made that decision, the Court ordered the disposal of proceedings in accordance with the decision, without the need for merits assessment.

Court Disposition

Appeal upheld in part by agreement; respondent’s order modified; leave granted to file plans; no order as to costs.

Orders

  • ['The Applicant is granted leave to file the sketch Plans 1 and 2 and photographs attached thereto at pages 5 to 8 (inclusive) of the sealed s34 Agreement.' 'The Appeal is upheld in part.' "The order issued by the respondent dated 6 April 2017 for Unit 2, 17 Hayes Street, Neutral Bay (Lot 2 in SP13002) is modified...