Dawson Properties (Ventures) Pty Ltd v Cessnock City Council [2015] NSWLEC 1346

Dawson Properties (Ventures) Pty Ltd v Cessnock City Council [2015] NSWLEC 1346

As an agreement under s 34(3) of the Court Act was reached and the Commissioner was satisfied the Court could have made the decision, the proceedings were disposed of in accordance with that agreement.

Parties
Applicant: Dawson Properties (Ventures) Pty Ltd; Respondent: Cessnock City Council
Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Class 1 / Conciliation Conference; Final Orders by Consent
Outcome
Proceedings disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979; final orders made by consent
Legal Topics
Development Modification, S 94 Contributions, Conciliation Conference, Orders by Consent
Planning and Environment Development Modification S 94 Contributions Conciliation Conference Orders by Consent

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Parties

Dawson Properties (Ventures) Pty Ltd

Applicant

Cessnock City Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference; Final Orders by Consent

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 can dispose of proceedings in this matter

Ratio Decidendi

As an agreement under s 34(3) of the Court Act was reached and the Commissioner was satisfied the Court could have made the decision, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Proceedings disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979; final orders made by consent

Orders

  • Orders made on 21 August 2015 to give effect to agreement under s 34(3); details in annexures