Primus DMS Pty Ltd v Georges River Council [2017] NSWLEC 1431

Primus DMS Pty Ltd v Georges River Council [2017] NSWLEC 1431

The Court made orders to give effect to the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, without undertaking any merit assessment of the originally disputed issues.

Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent
Legal Topics
['development Application' 'conciliation Conference' 'court Orders by Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Orders by Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ["Whether to make orders to give effect to parties' agreement under s 34(3) Land and Environment Court Act 1979"]

Ratio Decidendi

The Court made orders to give effect to the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, without undertaking any merit assessment of the originally disputed issues.

Court Disposition

Appeal upheld by consent

Orders

  • ['The appeal is upheld.' 'The applicant is granted leave to rely upon the amended plans and documents attached at Annexure "A".' "The applicant is to pay the respondent's costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the amount of $5,200 within 28 days." 'Development...