DMB Building Pty Ltd v Narrabri Shire Council [2015] NSWLEC 1388

DMB Building Pty Ltd v Narrabri Shire Council [2015] NSWLEC 1388

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 agreed decision without a merit assessment of the originally disputed issues.

Jurisdiction
Australia
Judgment Date
23 September 2015
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.']

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 agreed decision without a merit assessment of the originally disputed issues.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

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