Kirzner v Manly Council [2015] NSWLEC 1220

Kirzner v Manly Council [2015] NSWLEC 1220

Agreement reached under s 34(3) of the Land and Environment Court Act 1979 between the parties is binding and must be disposed of in accordance with its terms if the Court considers such a decision could have been properly made.

Parties
Applicant: Aleksandr Kirzner; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
22 June 2015
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
Proceedings disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties
Environmental Law Planning Law Development Application Conciliation Conference Agreement Between Parties

Case Brief

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Parties

Aleksandr Kirzner

Applicant

Manly Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 can be accepted as the basis for disposing of the proceedings

Ratio Decidendi

Agreement reached under s 34(3) of the Land and Environment Court Act 1979 between the parties is binding and must be disposed of in accordance with its terms if the Court considers such a decision could have been properly made.

Court Disposition

Proceedings disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • Final orders made to give effect to the agreement between the parties as recorded in the written orders dated 22 June 2015.