Noubia Pty Ltd v Coffs Harbour City Council [2016] NSWLEC 1375

Noubia Pty Ltd v Coffs Harbour City Council [2016] NSWLEC 1375

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 by upholding the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld.
Legal Topics
['release of Subdivision Certificate' 'conciliation Conference' 'agreement Between the Parties' 'subdivision Certificate']
['planning and Environment' 'land Subdivision'] ['release of Subdivision Certificate' 'conciliation Conference' 'agreement Between the Parties' 'subdivision Certificate']

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference 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 reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Respondent should issue a Subdivision Certificate authorising registration of the Plan of Subdivision of Lot 164 in DP 1170833 under DA575/03.']

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 by upholding the appeal and requiring the Respondent to issue the Subdivision Certificate.

Court Disposition

The appeal is upheld.

Orders

  • ['The appeal is upheld.' 'The Court notes the contents of the Deed of Agreement between the Parties executed in counterparts on 23 August 2016 annexed hereto and marked "A" (Deed of Agreement), being an agreement between the Applicant and the Council as to the payment by the applicant to the Council of the cost of...