Nethery v Leichhardt Council [2015] NSWLEC 1131

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; the proceedings therefore had to be disposed of in accordance with that decision.

Jurisdiction: Australia
Judgment Date: 28 April 2015
Procedural Posture: Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome: Final orders were made to give effect to the parties' agreement.
Legal Topics: ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

['environmental and Planning Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

Court Disposition

Final orders were made to give effect to the parties' agreement.

Orders

["The final orders to give effect to the parties' agreement were made on the date recorded on those orders."]