Southwell-Kelly & Anor v Woollahra Municipal Council [2017] NSWLEC 1040

Southwell-Kelly & Anor v Woollahra Municipal Council [2017] NSWLEC 1040

The orders reflect the agreement reached at conciliation as permitted by s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the decision could have been made in the exercise of its functions.

Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld and orders by agreement
Legal Topics
['development Application' 'conciliation Conference' 'section 96 Modification' 'revocation of Order']
['environmental Law'] ['development Application' 'conciliation Conference' 'section 96 Modification' 'revocation of Order']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 may be disposed of by the Court' "Whether the disposition aligns with proper exercise of Court's functions"]

Ratio Decidendi

The orders reflect the agreement reached at conciliation as permitted by s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the decision could have been made in the exercise of its functions.

Court Disposition

Appeal upheld and orders by agreement

Orders

  • ['The appeal is upheld.' 'The Court notes orders made in Land and Environment Court Proceedings No 285518 of 2016 and that consent has been granted to the Section 96 modification application in respect of DA506/2010/2.' 'The Order made by the Respondent dated 31 August 2016 pursuant to Item 15 to the Table to...