Mick Wykrota v Willoughby City Council [2016] NSWLEC 1262

Mick Wykrota v Willoughby City Council [2016] NSWLEC 1262

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings by making orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
24 June 2016
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
The appeal is upheld.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'stop Work Order' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'stop Work Order' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether an agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings by making orders giving effect to that agreement.

Court Disposition

The appeal is upheld.

Orders

  • ['The appeal is upheld.' 'Pursuant to its powers under section 121ZK(4) of the Environmental Planning and Assessment Act 1979, the Court substitutes the Stop Work Order No. 19 issued by Willoughby City Council (No.2804) dated 18 August 2015 with the Order No.2 & Order No.12 attached at Annexure A.']