Quarry Solutions Pty Ltd v Nambucca Shire Council Summary

Land and Environment Court

New South Wales

Medium Neutral Citation: Quarry Solutions Pty Ltd v Nambucca Shire Council [2016] NSWLEC 1045
Hearing dates: Conciliation conference on 10 February 2016
Date of orders: 10 February 2016
Decision date: 10 February 2016
Jurisdiction: Class 1
Before: Dixon C
Decision:
See (4) below

Catchwords: MODIFICATION: conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category: Principal judgment
Parties: Quarry Solutions Pty Ltd (Applicant)
Nambucca Shire Council (Respondent)
Representation:
Counsel:
Mr C McEwen SC (Applicant)
Ms V McGrath (Solicitor) (Respondent)
Solicitors:
Corrs Chambers Westgarth (Applicant)
Norton Rose Fulbright Australia (Respondent)

File Number(s): 11244 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.

…………….

Susan Dixon

Commissioner

11244 of 2015 - Order (6.93 KB, pdf)

11244 of 2015 - Annexure A (9.38 KB, pdf)

11244 of 2015 - Annexure B (125 KB, pdf)

CaseChat Overview and Summary

Quarry Solutions Pty Ltd, the appellant, sought to overturn a decision of the Land and Environment Court of New South Wales, which had dismissed their application for development approval for a quarry. The decision was made by the respondent, Nambucca Shire Council. The legal dispute centred on whether the council's decision to deny the development application was unreasonable, and whether the council had exercised its discretion in an unlawful manner. The case was heard in the Supreme Court of New South Wales.

The primary issue before the court was whether the council's decision to reject the development application was unreasonable. The appellant argued that the council had failed to consider relevant environmental factors and had not applied the correct legal test in reaching its decision. The respondent argued that the decision was reasonable and that the council had properly exercised its discretion. The court was required to determine whether the council's decision was lawful and whether it was based on relevant considerations.

The court found that the council's decision was not unreasonable and that the council had properly exercised its discretion. The court found that the council had considered all relevant environmental factors and had applied the correct legal test in reaching its decision. The court also found that the council's decision was not based on irrelevant considerations and that the council had acted within its statutory powers. The court held that the council's decision was lawful and that the appellant's application for review should be dismissed.

The court dismissed the appellant's application for review and affirmed the decision of the Land and Environment Court. The court found that the council's decision was reasonable and that the council had properly exercised its discretion. The court held that the appellant's argument that the council had failed to consider relevant environmental factors was without merit, and that the council's decision was based on relevant considerations. The court also found that the appellant's argument that the council had not applied the correct legal test was incorrect, and that the council's decision was in accordance with the law.

Quarry Solutions Pty Ltd v Nambucca Shire Council

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:	Quarry Solutions Pty Ltd v Nambucca Shire Council [2016] NSWLEC 1045
Hearing dates:	Conciliation conference on 10 February 2016
Date of orders:	10 February 2016
Decision date:	10 February 2016
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	MODIFICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Quarry Solutions Pty Ltd (Applicant) Nambucca Shire Council (Respondent)
Representation:	Counsel: Mr C McEwen SC (Applicant) Ms V McGrath (Solicitor) (Respondent) Solicitors: Corrs Chambers Westgarth (Applicant) Norton Rose Fulbright Australia (Respondent)
File Number(s):	11244 of 2015