Ceerose Pty Ltd v Leichhardt Council [2015] NSWLEC 1213

Ceerose Pty Ltd v Leichhardt Council [2015] NSWLEC 1213

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were required to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Class 1 Development Application / Conciliation Conference; Agreement Between the Parties; Orders
Outcome
Final orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'consent Orders']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were required to be disposed of in accordance with that decision.

Court Disposition

Final orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["The proceedings were disposed of in accordance with the parties' agreement." 'The terms of the decision were set out in writing by orders made to give effect to the agreement.']