Isaac Property Developments Goulburn Pty Limited v Goulburn Mulwaree Council [2015] NSWLEC 1231

Isaac Property Developments Goulburn Pty Limited v Goulburn Mulwaree Council [2015] NSWLEC 1231

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 Court was required to dispose of the proceedings in accordance with that decision and set out the terms in writing.

Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Development Application, Class 1 Proceedings / Conciliation Conference; Agreement Between the Parties; Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached between the parties at or after a conciliation conference should be given effect under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the agreed decision was one that 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 Court was required to dispose of the proceedings in accordance with that decision and set out the terms in writing.

Court Disposition

Final orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The proceedings were disposed of in accordance with the agreed decision under s 34(3) of the Land and Environment Court Act 1979.' 'The terms of the decision were set out in writing in the orders made to give effect to the agreement.']