Garbourg v Ku-ring-gai Council [2023] NSWLEC 1631

Garbourg v Ku-ring-gai Council [2023] NSWLEC 1631

The Court found that the parties' agreements to modify the development consent and to issue the Building Information Certificate, with specified exclusions, were decisions that the Court could properly make under relevant statutory powers. Consequently, the appeals were upheld on the agreed terms.

Jurisdiction
Australia
Judgment Date
25 October 2023
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeals upheld by consent; modification application granted; order to issue Building Information Certificate (with exceptions) within 14 days.
Legal Topics
['modification Application Under Environmental Planning and Assessment Act' 'building Information Certificate Application' 'conciliation Conference' 'jurisdictional Prerequisites for Modification' 'statutory Power to Issue Building Information Certificate']
['environmental Law' 'planning Law' 'building Regulation'] ['modification Application Under Environmental Planning and Assessment Act' 'building Information Certificate Application' 'conciliation Conference' 'jurisdictional Prerequisites for Modification' 'statutory Power to Issue Building Information Certificate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether modification application meets s 4.55(2) requirements of the Environmental Planning and Assessment Act 1979' 'Whether Building Information Certificate can be issued under s 6.25 and s 8.25 of the Environmental Planning and Assessment Act 1979' "Court's jurisdiction to order modifications and issuance of certificate following parties' agreement at conciliation"]

Ratio Decidendi

The Court found that the parties' agreements to modify the development consent and to issue the Building Information Certificate, with specified exclusions, were decisions that the Court could properly make under relevant statutory powers. Consequently, the appeals were upheld on the agreed terms.

Court Disposition

Appeals upheld by consent; modification application granted; order to issue Building Information Certificate (with exceptions) within 14 days.

Orders

  • ['The appeal in 2023/135865 is upheld.' 'Development consent DA-139/20 is further modified in the terms in Annexure A.' 'Development consent DA-139/20 as modified by the Court is at Annexure B.' 'The appeal in 2023/227271 is upheld.' 'The Respondent is directed to issue a building information certificate for works...