Neale v Woollahra Municipal Council [2015] NSWLEC 1112

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 required to be disposed of in accordance with that agreement.

Jurisdiction: Australia
Judgment Date: 23 April 2015
Procedural Posture: Modification Application; Class 1 / Conciliation Conference on 23 April 2015; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome: Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics: ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

['planning and Environment Law'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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Procedural Posture

Modification Application; Class 1 / Conciliation Conference on 23 April 2015; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Court Disposition

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

Orders

["Final orders to give effect to the parties' agreement were made on the date recorded on those orders."]