Challenger Listed Investments Limited v Valuer General [2015] NSWLEC 1294

Challenger Listed Investments Limited v Valuer General [2015] NSWLEC 1294

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 August 2015
Procedural Posture
Class 1 Proceedings / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
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
['conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['environmental and Planning Law' 'land and Environment Court Procedure'] ['conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Source-derived case record

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Proceedings / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties 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

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and made final orders giving effect to the agreement.

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 decision agreed between the parties under s 34(3) of the Land and Environment Court Act 1979.' 'The terms of the decision were set out in the orders made to give effect to the agreement.']