The Hao Dinh v Liverpool City Council [2018] NSWLEC 1015

The Hao Dinh v Liverpool City Council [2018] NSWLEC 1015

The Court upheld the appeal and directed the respondent to issue a building certificate, as the agreement reached between the parties was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
16 January 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Application' 'conciliation Conference' 'building Certificate']
['planning and Environment'] ['development Application' 'conciliation Conference' 'building 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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the respondent should issue a building certificate in respect of the detached secondary dwelling located at 27 Bundemar Street, Miller']

Ratio Decidendi

The Court upheld the appeal and directed the respondent to issue a building certificate, as the agreement reached between the parties was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' "The respondent is directed to issue a building certificate in respect of the detached secondary dwelling at 27 Bundemar Street, Miller, in accordance with the application made on 12 February 2015 and as indicated on the plan annexed and marked 'A' to this agreement, by 8 January 2018."]