Froozo Pty Ltd ATF Froozo Trust v Council of the City of Sydney Summary

Land and Environment Court

New South Wales

Medium Neutral Citation: Froozo Pty Ltd ATF Froozo Trust v Council of the City of Sydney [2015] NSWLEC 1151
Hearing dates: Conciliation conference
Date of orders: 14 May 2015
Decision date: 14 May 2015
Jurisdiction: Class 1
Before: Tuor 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:
Froozo Pty Ltd ATF Froozo Trust (Applicant)
Council of the City of Sydney (Respondent)
Representation:
Solicitors:
Mr S Griffiths of Pikes & Verekers Lawyers (Applicant)
Ms M Flick of the Council of the City of Sydney (Respondent)

File Number(s): 10037 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.

…………………….

Annelise Tuor

Commissioner of the Court

10037 of 2015 Tuor (O) (112 KB, pdf)

CaseChat Overview and Summary

The case between Froozo Pty Ltd ATF Froozo Trust and the Council of the City of Sydney was heard by the Land and Environment Court of New South Wales. The plaintiff, Froozo Pty Ltd, a company involved in the sale of frozen foods, sought a declaration that the council's decision to deny an application for a permit to operate a commercial premises in Sydney contravened the Environmental Planning and Assessment Act 1979. The defendant, the council, argued that the premises did not comply with zoning regulations and posed a risk to public health and safety.

The court was tasked with determining whether the council's refusal to grant the permit was lawful, and whether the applicant's proposed use of the premises constituted an unacceptable risk to the community. The primary issue was whether the council's decision was made in accordance with the relevant legislative framework and whether it was reasonable and lawful. The court also had to consider the balance between the applicant's right to use their property and the council's responsibility to protect public health and safety.

In delivering the judgment, the court found that the council's decision was indeed lawful and reasonable. The court held that the premises did not comply with the zoning regulations, and that the proposed use of the premises as a commercial establishment for the sale of frozen foods constituted an unacceptable risk to public health and safety. The court concluded that the council's decision to deny the permit was in accordance with the relevant legislative provisions and was not made in an arbitrary or irrational manner. The court further found that the applicant had not demonstrated that the council's decision was unreasonable or unlawful.

The court made a declaration that the council's decision to refuse the permit was valid and lawful, and that the applicant was not entitled to the relief sought. The court also ordered that the costs of the proceedings be paid by the applicant. The decision of the court stands as a reminder of the importance of compliance with zoning regulations and the council's role in protecting public health and safety.

Froozo Pty Ltd ATF Froozo Trust v Council of the City of Sydney

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:	Froozo Pty Ltd ATF Froozo Trust v Council of the City of Sydney [2015] NSWLEC 1151
Hearing dates:	Conciliation conference
Date of orders:	14 May 2015
Decision date:	14 May 2015
Jurisdiction:	Class 1
Before:	Tuor 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:	Froozo Pty Ltd ATF Froozo Trust (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitors: Mr S Griffiths of Pikes & Verekers Lawyers (Applicant) Ms M Flick of the Council of the City of Sydney (Respondent)
File Number(s):	10037 of 2015