Brewster Murray v Ku-ring-gai Council [2015] NSWLEC 1331

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 and the terms set out in writing.

Jurisdiction: Australia
Judgment Date: 24 July 2015
Procedural Posture: Class 1 Development Consent Proceedings / Conciliation Conference; 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: ['development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

['planning and Environment Law'] ['development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

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Procedural Posture

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

Legal Issues

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

Court Disposition

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

Orders

["The final orders to give effect to the parties' agreement were made on 24 July 2015."]