14 McGill Street Lewisham Pty Ltd v Marrickville Council [2016] NSWLEC 1131

14 McGill Street Lewisham Pty Ltd v Marrickville Council [2016] NSWLEC 1131

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by final orders.

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties; Orders
Outcome
Final orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties; Orders

Legal Issues

  1. 1 ['Whether the agreement reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by final orders.

Court Disposition

Final orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["The final orders to give effect to the parties' agreement were made on 08 April 2016."]