Fegan (nee Rozenauers) v Lane Cove Council [2016] NSWLEC 1171

Fegan (nee Rozenauers) v Lane Cove Council [2016] NSWLEC 1171

The Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions and disposed of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979, making orders to give effect to the agreement between the parties.

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Class 1 / Conciliation Conference With Agreement and Orders
Outcome
Proceedings disposed of in accordance with agreement reached between the parties under s 34(3) Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreed Orders']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference With Agreement and Orders

Legal Issues

  1. 1 ['Whether the agreement reached at conciliation conference could be disposed of by orders under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions and disposed of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979, making orders to give effect to the agreement between the parties.

Court Disposition

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

Orders

  • ["Final orders made to give effect to the parties' agreement as set out in the attached documents dated 6 May 2016."]