Ashburner Flat Units Pty. Limited v Manly Council [2015] NSWLEC 1301

Ashburner Flat Units Pty. Limited v Manly Council [2015] NSWLEC 1301

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; accordingly, the proceedings were disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Orders
Outcome
Appeal upheld
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'cease Use of Premises' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'cease Use of Premises' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Orders

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; accordingly, the proceedings were disposed of in accordance with the agreed decision.

Court Disposition

Appeal upheld

Orders

  • ['Appeal upheld']