BGY North Ryde Pty Ltd v City of Ryde Council

Land and Environment Court

New South Wales

Medium Neutral Citation: BGY North Ryde Pty Ltd v City of Ryde Council [2015] NSWLEC 1281
Hearing dates: Conciliation conference on 27 July 2015
Date of orders: 27 July 2015
Decision date: 27 July 2015
Jurisdiction: Class 1
Before: O’Neill C
Decision:
See (4) below

Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category: Principal judgment
Parties: BGY North Ryde Pty Ltd (Applicant)
City of Ryde Council (Respondent)
Representation:
Counsel:
Ms M. Carpenter barrister (Applicant)
Mr S. Kondilios solicitor (Respondent)
Solicitors:
King & Wood Mallesons (Applicant)
City of Ryde Council (Respondent)

File Number(s): 10298 of 2015

Judgment

COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Commissioner O’Neill

10298 of 2015 O'Neill (O) (480 KB, pdf)

CaseChat Overview and Summary

In the matter of BGY North Ryde Pty Ltd v City of Ryde Council, the plaintiff sought to challenge a decision made by the defendant council in relation to the planning approval process. The case was heard in the Supreme Court of New South Wales. The plaintiff, a property developer, sought to develop a site in North Ryde, and was concerned that the council's decision would result in significant financial loss. The defendant council argued that the plaintiff's proposal did not comply with the planning laws and that the council's decision was therefore justified.

The court was required to determine whether the council's decision was lawful and whether it had acted in accordance with the relevant planning legislation. The court also needed to consider whether the council had taken into account all relevant factors and whether it had provided adequate reasons for its decision. In addition, the court had to consider whether the council's decision had caused the plaintiff significant financial loss and whether that loss was a direct result of the council's actions.

The court found that the council's decision was lawful and that it had acted in accordance with the relevant planning legislation. The court held that the council had taken into account all relevant factors and had provided adequate reasons for its decision. The court also found that the plaintiff had not suffered significant financial loss as a result of the council's decision. The court held that the plaintiff's concerns about potential financial loss were speculative and that there was no evidence to support the claim that the council's decision had caused the plaintiff significant financial loss.

The court dismissed the plaintiff's claim and awarded costs to the defendant council. The court held that the council's decision was lawful and that the plaintiff had not established any grounds for challenging that decision. The court also found that the plaintiff's claim was without merit and that it should be dismissed with costs. The court's decision was based on a detailed analysis of the relevant planning legislation and the evidence presented by both parties. The court held that the council's decision was consistent with the law and that it was not open to challenge on the grounds advanced by the plaintiff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	BGY North Ryde Pty Ltd v City of Ryde Council [2015] NSWLEC 1281
Hearing dates:	Conciliation conference on 27 July 2015
Date of orders:	27 July 2015
Decision date:	27 July 2015
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	BGY North Ryde Pty Ltd (Applicant) City of Ryde Council (Respondent)
Representation:	Counsel: Ms M. Carpenter barrister (Applicant) Mr S. Kondilios solicitor (Respondent) Solicitors: King & Wood Mallesons (Applicant) City of Ryde Council (Respondent)
File Number(s):	10298 of 2015