Vigor Master Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1210

Vigor Master Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1210

Because the parties reached an agreement at a conciliation conference which falls within the powers the Court could exercise, the Court must grant the orders in those agreed terms.

Parties
Applicant: Vigor Master Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Appeal / Post Conciliation Conference Judgment
Outcome
Appeal upheld, stop work order to be revoked subject to completion of actions in Annexure A
Legal Topics
Development Control Order, Stop Work Order, Conciliation Conference, Appeal
Planning and Environment Development Control Order Stop Work Order Conciliation Conference Appeal

Case Brief

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Parties

Vigor Master Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference Judgment

Legal Issues

  1. 1 Whether the Development Control (Stop Work) Order issued by Hornsby Shire Council should be revoked upon compliance with agreed conditions

Ratio Decidendi

Because the parties reached an agreement at a conciliation conference which falls within the powers the Court could exercise, the Court must grant the orders in those agreed terms.

Court Disposition

Appeal upheld, stop work order to be revoked subject to completion of actions in Annexure A

Orders

  • The appeal is upheld.
  • Upon completion of the actions numbered 1 to 9 in Annexure "A", the Development Control (Stop Work) Order dated 24 April 2019 is revoked.