Akrivi Investments Pty Ltd v Marrickville Council [2015] NSWLEC 1145

Akrivi Investments Pty Ltd v Marrickville Council [2015] NSWLEC 1145

The Court was satisfied that the decision based on the parties' agreement was one it could properly make under s 34(3) and therefore made final orders accordingly.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Development Application, Class 1 Proceedings / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with decision agreed by parties under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'shop Top Housing Development']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'shop Top Housing Development']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Development Application, Class 1 Proceedings / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed agreement is one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court was satisfied that the decision based on the parties' agreement was one it could properly make under s 34(3) and therefore made final orders accordingly.

Court Disposition

Proceedings disposed of in accordance with decision agreed by parties under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Final orders made on 13 May 2015 giving effect to the agreement between the parties; orders amended on 13 September 2017 under UCPR 36.17 (slip rule) to correct the number of dwellings in approved plans from 30 to 25.']