Broadview Group Pty Ltd v Auburn City Council [2016] NSWLEC 1214

Broadview Group Pty Ltd v Auburn City Council [2016] NSWLEC 1214

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 to be disposed of in accordance with that decision by orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties; Orders
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' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties; Orders

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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 to be disposed of in accordance with that decision by orders giving effect to the agreement.

Court Disposition

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

Orders

  • ["Final orders to give effect to the parties' agreement were made on 18 May 2016."]