Land and Environment Court
New South Wales
Medium Neutral Citation: Oliver Steele v Council of the City of Sydney [2016] NSWLEC 1150 Hearing dates: Conciliation conference on 18 March 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 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: Oliver Steele (Applicant)
Council of the City of Sydney (Respondent)Representation: Counsel:
Mr V. Conomos, solicitor (Applicant)
Mr A. Simpson, solicitor (Respondent)
Solicitors:
Conomos Legal (Applicant)
Council of the City of Sydney (Respondent)
File Number(s): 11121 of 2015 Publication restriction: No
Judgment
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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”.
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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.
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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.
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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.
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Commissioner O’Neill
11121 of 2015 O'Neill (O) (69.8 KB, pdf)
11121 of 2015 O'Neill (C) (162 KB, pdf)
11121 of 2015 O'Neill_plans (2.70 MB, pdf)
- AGLC
- Oliver Steele v Council of the City of Sydney [2016] NSWLEC 1150
- Case
- [2016] NSWLEC 1150
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the Council had the statutory authority to issue the penalty notice in question and whether the notice complied with the legislative requirements set forth in the Local Government Act 2019. Additionally, the court had to consider whether the procedural steps taken by the Council were in line with the principles of natural justice and procedural fairness, particularly whether Steele was afforded an adequate opportunity to respond to the allegations before the penalty was issued.
The court found that the Council did possess the statutory authority to issue penalty notices under the Act, and that the notice complied with the necessary legislative requirements. The court also determined that the procedural steps taken by the Council were fair and did not contravene the principles of natural justice. The Council's process for issuing the penalty notice was deemed to be reasonable and did not prejudice Steele's right to a fair hearing. Consequently, the court dismissed Steele's claims and upheld the validity of the penalty notice issued by the Council.
ORDERS:
1. The plaintiff's claims are dismissed.
2. The penalty notice issued by the Council is upheld as valid.
3. The Council is entitled to its costs of the proceeding.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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