Pappas & Anor v Eurobodalla Shire Council [2015] NSWLEC 1472

Pappas & Anor v Eurobodalla Shire Council [2015] NSWLEC 1472

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 required to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 November 2015
Procedural Posture
Class 3 Compensation for Rescission of Compulsory Acquisition Notice and for Acquisition of Replacement Easement for Water Pipeline / Conciliation Conference
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['compulsory Acquisition' 'rescission of Compulsory Acquisition Notice' 'replacement Easement for Water Pipeline' 'section 34 Agreement' 'conciliation Conference']
['land Acquisition' 'compensation' 'land and Environment Court Procedure'] ['compulsory Acquisition' 'rescission of Compulsory Acquisition Notice' 'replacement Easement for Water Pipeline' 'section 34 Agreement' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 3 Compensation for Rescission of Compulsory Acquisition Notice and for Acquisition of Replacement Easement for Water Pipeline / Conciliation Conference

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached 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 required to be disposed of in accordance with that 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 were made to give effect to the parties' agreement."]