Wiser Capital Pty Ltd v The Hills Shire Council [2018] NSWLEC 1416

Wiser Capital Pty Ltd v The Hills Shire Council [2018] NSWLEC 1416

The Court upheld the agreement reached between the parties at or after the conciliation conference, finding it complied with the requirements under s 34(3) of the Land and Environment Court Act 1979, and made orders giving effect to their terms without making any merit assessment of the original dispute.

Parties
Applicant: Wiser Capital Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld by consent; amended development application approved; orders granted by agreement
Legal Topics
Development Application, Conciliation Conference, Amendment of Application, Costs
Planning and Environment Law Development Application Conciliation Conference Amendment of Application Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Wiser Capital Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether amended development application should be approved by consent
  2. 2 Whether conciliated agreement complies with s 34(3) of the Land and Environment Court Act 1979
  3. 3 Entitlement to costs as a result of amendments

Ratio Decidendi

The Court upheld the agreement reached between the parties at or after the conciliation conference, finding it complied with the requirements under s 34(3) of the Land and Environment Court Act 1979, and made orders giving effect to their terms without making any merit assessment of the original dispute.

Court Disposition

Appeal upheld by consent; amended development application approved; orders granted by agreement

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Development Application No. 1951/2017/JP and to rely upon specified amended plans and documents.