Joesandra Pty Ltd v Warringah Council [2015] NSWLEC 1347

Joesandra Pty Ltd v Warringah Council [2015] NSWLEC 1347

An agreement was reached between the parties 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; accordingly, the proceedings were required to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Development Application / Class 1 Proceedings; 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
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

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

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

An agreement was reached between the parties 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; accordingly, the proceedings were required to be disposed of in accordance with that decision.

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 21 August 2015."]