Iris Property Group v Hunters Hill Council [2015] NSWLEC 1203

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 decision and written orders were made to give effect to it.

Jurisdiction: Australia
Judgment Date: 05 June 2015
Procedural Posture: Modification Application / Class 1 Conciliation Conference; Agreement 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: ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

['planning and Environment'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

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

Legal Issues

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 that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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 5 June 2015."]