Baraz Construction Pty Ltd v Strathfield Council [2015] NSWLEC 1493

Baraz Construction Pty Ltd v Strathfield Council [2015] NSWLEC 1493

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 to be disposed of in accordance with that agreement without a merits assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties 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
['development Application' 'infill Affordable Housing' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'infill Affordable Housing' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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Procedural Posture

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

Legal Issues

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

Ratio Decidendi

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 to be disposed of in accordance with that agreement without a merits assessment of the issues originally in dispute.

Court Disposition

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

Orders

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