CP Pymble Developments Pty Ltd v Ku KIng Gai Council [2015] NSWLEC 1492
The Court is required to make orders disposing of proceedings in accordance with an agreement reached under s 34(3) if satisfied that the decision is one the Court could have made.
- Parties
- Applicant: CP Pymble Developments Pty Ltd; Respondent: Ku-ring-gai Municipal Council
- Jurisdiction
- Australia
- Judgment Date
- 24 November 2015
- Procedural Posture
- Class 1 / Post Conciliation Conference Agreement and Orders
- Outcome
- Proceedings disposed of by consent orders reflecting parties' agreement under s 34(3) of Land and Environment Court Act 1979
- Legal Topics
- Modification Application, Demolition, Residential Flat Building Construction, Deep Soil Area, Tree Removal, Pedestrian Path, Conciliation Conference, Court Orders Under S 34 of Land and Environment Court Act
Case Brief
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Parties
CP Pymble Developments Pty Ltd
Applicant
Ku-ring-gai Municipal Council
Respondent
Procedural Posture
Class 1 / Post Conciliation Conference Agreement and Orders
Legal Issues
- 1 Whether the agreement reached at conciliation conference should be made the determination of the Court under s 34(3) of the Land and Environment Court Act 1979
Ratio Decidendi
The Court is required to make orders disposing of proceedings in accordance with an agreement reached under s 34(3) if satisfied that the decision is one the Court could have made.
Court Disposition
Proceedings disposed of by consent orders reflecting parties' agreement under s 34(3) of Land and Environment Court Act 1979
Orders
- Orders made to give effect to the agreement were issued on 24 November 2015; copy accessible as annexed documents
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