ABAX Contracting Pty Ltd v Pittwater Council [2015] NSWLEC 1205
The Court, being satisfied that the agreement reached between the parties under s 34(3) was one that could be made in the proper exercise of its functions, disposed of the proceedings in accordance with the parties' agreement, without making any merit assessment of the issues originally in dispute.
- Jurisdiction
- Australia
- Judgment Date
- 02 June 2015
- Procedural Posture
- Appeal / Conciliation Conference and Final Orders
- Outcome
- Orders made by consent disposing of the proceedings in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
- Legal Topics
- ['subdivision' 'conciliation Conference' 'section 34 Agreement' 'development Application Refusal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Conciliation Conference and Final Orders
Legal Issues
- 1 ['Whether the appeal against the refusal of Development Application No: 0209/14 for the subdivision of land should be allowed in accordance with the agreement reached under section 34(3) of the Land and Environment Court Act 1979']
Ratio Decidendi
The Court, being satisfied that the agreement reached between the parties under s 34(3) was one that could be made in the proper exercise of its functions, disposed of the proceedings in accordance with the parties' agreement, without making any merit assessment of the issues originally in dispute.
Court Disposition
Orders made by consent disposing of the proceedings in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Orders
- ["Final orders giving effect to the parties' agreement were made on 2 June 2015."]
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