Bowden Homes International Pty Ltd v Canterbury City Council [2015] NSWLEC 1266
Where the parties agree on the terms of a decision following a conciliation conference and the Court is satisfied the agreement is one it could have made, the Court must dispose of the proceedings by making orders reflecting that agreement without a merit assessment.
- Parties
- Applicant: Bowden Homes International Pty Ltd; Respondent: Canterbury City Council
- Jurisdiction
- Australia
- Judgment Date
- 15 July 2015
- Procedural Posture
- Class 1 / Post Conciliation Conference, Final Orders
- Outcome
- Proceedings disposed of in accordance with agreement reached under s 34(3) Land and Environment Court Act 1979; final orders made.
- Legal Topics
- Development Application, Conciliation Conference, Agreement Between Parties, Land and Environment Court Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Bowden Homes International Pty Ltd
Applicant
Canterbury City Council
Respondent
Procedural Posture
Class 1 / Post Conciliation Conference, Final Orders
Legal Issues
- 1 Whether the agreement reached at conciliation can dispose of the proceedings under s 34(3) Land and Environment Court Act 1979
Ratio Decidendi
Where the parties agree on the terms of a decision following a conciliation conference and the Court is satisfied the agreement is one it could have made, the Court must dispose of the proceedings by making orders reflecting that agreement without a merit assessment.
Court Disposition
Proceedings disposed of in accordance with agreement reached under s 34(3) Land and Environment Court Act 1979; final orders made.
Orders
- Final orders recorded in document accessible as per link in judgment.
Full Case Text
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