Samman v Canterbury City Council [2015] NSWLEC 1400

Samman v Canterbury City Council [2015] NSWLEC 1400

The Court, being satisfied that the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 was one that it could have made in the proper exercise of its functions, disposed of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 September 2015
Procedural Posture
Appeal (class 1) / Agreement at or After Conciliation Conference
Outcome
Orders made in accordance with agreement under s 34(3) of the Land and Environment Court Act 1979; proceedings disposed.
Legal Topics
['development Application' 'demolition and Construction' 'conciliation Conference' 'section 34(3) Agreement']
['planning and Environment Law'] ['development Application' 'demolition and Construction' 'conciliation Conference' 'section 34(3) Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal (class 1) / Agreement at or After Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 is to be disposed by the Court' 'Whether the agreement is an acceptable decision the Court could have made']

Ratio Decidendi

The Court, being satisfied that the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 was one that it could have made in the proper exercise of its functions, disposed of the proceedings in accordance with that agreement.

Court Disposition

Orders made in accordance with agreement under s 34(3) of the Land and Environment Court Act 1979; proceedings disposed.

Orders

  • ["The final orders to give effect to the parties' agreement were made on 23 September 2015."]