Cremorne Place Pty Ltd v North Sydney Council [2015] NSWLEC 1562

Cremorne Place Pty Ltd v North Sydney Council [2015] NSWLEC 1562

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 required to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da167/15 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979; final orders made on 22 December 2015.
Legal Topics
['development Application' 'demolition of Existing Commercial Building' 'mixed Use Development' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'demolition of Existing Commercial Building' 'mixed Use Development' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da167/15 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

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 required to be disposed of in accordance with that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979; final orders made on 22 December 2015.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 22 December 2015."]