Land and Environment Court
New South Wales
Medium Neutral Citation: Warrigal Care v Goulburn Mulwaree Council [2015] NSWLEC 1275 Hearing dates: Conciliation conference 25 June 2015 Date of orders: 24 July 2015 Decision date: 24 July 2015 Jurisdiction: Class 1 Before: Tuor C Decision: See (4) below
Catchwords: DEVELOPMENT CONSENT - conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Warrigal Care (Applicant)
Goulburn Mulwaree Council (Respondent)Representation: Solicitors:
Wilshire Webb Staunton Beattie Lawyers (Applicant)
Lindsay Taylor Lawyers (Respondent)
File Number(s): 10110 & 10111 of 2015
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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Annelise Tuor
Commissioner of the Court
10110 of 2015 Tuor (24.07.15)(s34O) (356 KB, pdf)
10111 of 2015 Tuor (24.07.15)(s34O) (355 KB, pdf)
- AGLC
- Warrigal Care v Goulburn Mulwaree Council [2015] NSWLEC 1275
- Case
- [2015] NSWLEC 1275
- Decision Date
CaseChat Overview and Summary
The court had to examine the grounds upon which the Council based its decision and whether these grounds were supported by the evidence. Additionally, the court considered whether Warrigal Care was afforded adequate opportunity to respond to the allegations against it and whether the decision-making process complied with the statutory requirements and principles of natural justice. The court's analysis involved interpreting the statutory framework and assessing whether the Council had acted within its powers, exercised its discretion appropriately, and followed procedural fairness.
In its decision, the court found that the Council's decision to revoke the licence was not supported by the evidence and that the process did not adhere to the statutory requirements and principles of natural justice. The court held that the Council had failed to provide Warrigal Care with a fair opportunity to respond to the allegations, and that the decision was therefore unlawful. Consequently, the court set aside the Council's decision and remitted the matter back to the Council for reconsideration in accordance with the law. The court emphasised the importance of procedural fairness and the need for local councils to ensure that their decision-making processes are transparent, fair, and in compliance with the relevant statutory provisions.
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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