Cansdell v Warringah Council [2015] NSWLEC 1389

Cansdell v Warringah Council [2015] NSWLEC 1389

The Court is required under s 34(3) of the Land and Environment Court Act 1979 to make orders disposing of proceedings in accordance with terms agreed by the parties at a conciliation conference, provided it is satisfied the Court could have made such a decision in proper exercise of its functions.

Parties
Applicant: Fran Cansdell; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
24 September 2015
Procedural Posture
Modification Application / Conciliation Conference and Consent Orders
Outcome
Proceedings disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
Modification of Conditions of Consent, Conciliation Conference, Agreement Between Parties
Planning and Environment Modification of Conditions of Consent Conciliation Conference Agreement Between Parties

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Parties

Fran Cansdell

Applicant

Warringah Council

Respondent

Procedural Posture

Modification Application / Conciliation Conference and Consent Orders

Legal Issues

  1. 1 Whether to modify conditions of consent pursuant to agreement reached in conciliation conference as per s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The Court is required under s 34(3) of the Land and Environment Court Act 1979 to make orders disposing of proceedings in accordance with terms agreed by the parties at a conciliation conference, provided it is satisfied the Court could have made such a decision in proper exercise of its functions.

Court Disposition

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

Orders

  • Orders were made to give effect to the parties' agreement but specific terms are annexed and not detailed in this judgment.