Leclercq & Anor v Essential Energy [2015] NSWLEC 1212

Leclercq & Anor v Essential Energy [2015] NSWLEC 1212

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 after a conciliation conference, 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 required to be disposed of in accordance with that agreement without a merits assessment of the original dispute.

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Class 3 Compulsory Acquisition of Land Compensation Proceedings / Final Orders Following Conciliation Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['compulsory Acquisition of Land' 'just Terms Compensation' 'conciliation Agreement' 'orders by Consent Under S 34(3)']
['land Acquisition' 'compensation' 'land and Environment Court Procedure'] ['compulsory Acquisition of Land' 'just Terms Compensation' 'conciliation Agreement' 'orders by Consent Under S 34(3)']

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Procedural Posture

Class 3 Compulsory Acquisition of Land Compensation Proceedings / Final Orders Following Conciliation Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to the 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

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 after a conciliation conference, 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 required to be disposed of in accordance with that agreement without a merits assessment of the original dispute.

Court Disposition

Final orders 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 decision agreed by the parties under s 34(3) of the Land and Environment Court Act 1979.' 'The terms of the decision were set out in writing in the final orders made on the date recorded on those orders.']