Huynh v Inner West Council [2018] NSWLEC 1538

Huynh v Inner West Council [2018] NSWLEC 1538

The Court must make orders to dispose of the proceedings as agreed between the parties following a conciliation conference, provided the agreement could lawfully have been made by the Court in exercise of its functions.

Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Class 1 / Orders Following Conciliation Conference—agreement Between Parties
Outcome
Appeal upheld by consent; development application approved subject to conditions; orders made as per agreement.
Legal Topics
['development Application' 'conciliation Conference' 'amendment of Application' 'cost Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'amendment of Application' 'cost Orders']

Case Brief

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Procedural Posture

Class 1 / Orders Following Conciliation Conference—agreement Between Parties

Legal Issues

  1. 1 ['Whether the amended development application should be approved under agreed terms' 'Whether costs should be paid by the applicant as a result of the amendment' 'Whether the cl4.6 written request to vary FSR development control should be upheld']

Ratio Decidendi

The Court must make orders to dispose of the proceedings as agreed between the parties following a conciliation conference, provided the agreement could lawfully have been made by the Court in exercise of its functions.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions; orders made as per agreement.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA201700551 and to rely upon the listed amended plans and documents.' "The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in...