Dazzle International Pty Ltd v Marrickville Council [2015] NSWLEC 1417

Dazzle International Pty Ltd v Marrickville Council [2015] NSWLEC 1417

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 to be disposed of in accordance with that agreement without any merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA201400496 / Conciliation Conference; Agreement 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
['development Application' 'demolition and Mixed Use Development' 'conciliation Conference' 'agreement Between Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'demolition and Mixed Use Development' 'conciliation Conference' 'agreement Between Parties 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 DA201400496 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement 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 to be disposed of in accordance with that agreement without any merit assessment of the issues originally in dispute.

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 parties' agreement." 'The orders made to give effect to the agreement constitute the written terms of the decision.']