Murrell v Woollahra Municipal Council [2018] NSWLEC 1247

Murrell v Woollahra Municipal Council [2018] NSWLEC 1247

The matter was disposed of by agreement pursuant to s 34(3) of the Land and Environment Court Act 1979, with the presiding Commissioner satisfied that the agreed decision was one the Court could properly make, resulting in orders that reflected the parties' negotiated outcome without a merits assessment.

Parties
First Applicant: George Murrell; Second Applicant: Deidre Murrell; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld by agreement under s 34(3) Land and Environment Court Act 1979
Legal Topics
Development Application, Conciliation Conference, Building Information Certificate, Section 34(3) Agreement
Planning and Environment Law Development Application Conciliation Conference Building Information Certificate Section 34(3) Agreement

Case Brief

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Parties

George Murrell

First Applicant

Deidre Murrell

Second Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether agreement under s 34(3) of the Land and Environment Court Act 1979 between parties can dispose of proceedings
  2. 2 Whether the agreed decision is one the Court could have made in proper exercise of its functions

Ratio Decidendi

The matter was disposed of by agreement pursuant to s 34(3) of the Land and Environment Court Act 1979, with the presiding Commissioner satisfied that the agreed decision was one the Court could properly make, resulting in orders that reflected the parties' negotiated outcome without a merits assessment.

Court Disposition

Appeal upheld by agreement under s 34(3) Land and Environment Court Act 1979

Orders

  • The First and Second Applicant be granted leave to rely upon specified plans prepared by David White Architects with respect to Building Certificate Application ref. 62/2016.
  • The appeal is upheld.