Carusi v Hunter’s Hill Council [2018] NSWLEC 1649

Carusi v Hunter’s Hill Council [2018] NSWLEC 1649

Because there were no jurisdictional prerequisites to be satisfied and the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreed Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'class 1 Jurisdiction']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'class 1 Jurisdiction']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreed Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at the conciliation conference." "Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions."]

Ratio Decidendi

Because there were no jurisdictional prerequisites to be satisfied and the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended drawings annexed hereto and marked "A".' "The Applicant is to pay the Respondent's reasonable costs thrown away in relation to dealing with the amended plans in the agreed amount of $7,000 within 24 days." 'The appeal is upheld.' 'Development consent is granted...