Outcomes and orders

Resolving disputes

Miscellaneous appeals are usually resolved by conciliation and hearings, although mediation and neutral evaluation are also offered:

Giving judgment

At the conclusion of the hearing or at a later date, the judge or commissioner hearing the appeal will give judgment.  The judgment will state the decision and orders and give reasons for making the decision. 

Further information is available on:

Orders on miscellaneous appeals

The nature and terms of the orders the Court may make are determined by the application that is the subject of the miscellaneous appeal and the statute under which the application is made. It is important to check these statutes to determine what orders the Court is able to make.

Giving effect to the Court’s decision

The decision of the court on the appeal is deemed to be the final decision of the respondent whose decision is the subject of the appeal and is to be given effect accordingly ( s 39(5) of the Land and Environment Court Act 1979).

Appeals against the Court’s decision

A party may appeal against an order or decision of the court on a miscellaneous appeal on a question of law.  If the order or decision was made by a commissioner, the appeal is under s 56A of the  Land and Environment Court Act 1979 to a judge of the  Land and Environment Court Act 1979.  If the order or decision was made by a judge, the appeal is under s 57 of the   Land and Environment Court Act 1979 to the NSW​ Court of Appeal.

Further information is available on  Appeals against Land and Environment Court decisions.

 

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