Davis v Cabonne Council [2015] NSWLEC 1313

Davis v Cabonne Council [2015] NSWLEC 1313

Under s 34(3) of the Land and Environment Court Act 1979, the Court is required to make final orders reflecting an agreement between parties at a conciliation conference if satisfied it is a decision the Court could have made; no merit assessment is undertaken on the original issues.

Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Appeal / Post Conciliation Conference—final Orders Made by Consent
Outcome
Final orders made by consent, appeal disposed of in accordance with parties' agreement.
Legal Topics
['development Application' 'subdivision' 'conciliation Conference' 'appeal Against Refusal']
['planning and Environment'] ['development Application' 'subdivision' 'conciliation Conference' 'appeal Against Refusal']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Conference—final Orders Made by Consent

Legal Issues

  1. 1 ["Whether the appeal against Cabonne Council's refusal of development consent for six lot subdivision should be upheld following agreement at conciliation conference"]

Ratio Decidendi

Under s 34(3) of the Land and Environment Court Act 1979, the Court is required to make final orders reflecting an agreement between parties at a conciliation conference if satisfied it is a decision the Court could have made; no merit assessment is undertaken on the original issues.

Court Disposition

Final orders made by consent, appeal disposed of in accordance with parties' agreement.

Orders

  • ["Orders made to give effect to the parties' agreement as set out in the document and annexures."]