Dogild Pty Ltd v Willoughby City Council [2015] NSWLEC 1230

Dogild Pty Ltd v Willoughby City Council [2015] NSWLEC 1230

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were required to be disposed of in accordance with that decision and orders were made to give effect to the agreement.

Jurisdiction
Australia
Judgment Date
22 June 2015
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Agreement Reached at or After a Conciliation Conference 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' 'demolition of Existing Two Storey Commercial/retail Buildings' 'mixed Use Development' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application' 'demolition of Existing Two Storey Commercial/retail Buildings' 'mixed Use Development' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']

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Procedural Posture

Class 1 Development Application Proceedings / Orders Following Agreement Reached at or After a Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were required to be disposed of in accordance with that decision and orders were made to give effect to the agreement.

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 to give effect to the parties' agreement were made on 22 June 2015."]