Heydon Avenue Developments Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1482

Heydon Avenue Developments Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1482

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 agreement without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
23 November 2015
Procedural Posture
Class 1 Development Application / Conciliation Conference; Agreement Between the Parties 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' 'seniors Living' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['environment and Planning Law'] ['development Application' 'seniors Living' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them' 'Whether the agreed decision was one 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 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 agreement without a merit assessment of the issues originally in dispute.

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 the date recorded on those orders."]