Duthie v Mosman Council [2016] NSWLEC 1020

Duthie v Mosman Council [2016] NSWLEC 1020

Having been satisfied that the agreement reached under s 34(3) was such that the Court could have made in proper exercise of its functions, the presiding Commissioner was required to dispose of the proceedings in accordance with that agreement and set out the terms in writing.

Parties
Applicant: Julie Duthie; Respondent: Mosman Council
Jurisdiction
Australia
Judgment Date
29 January 2016
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Proceedings disposed of by consent orders under s 34(3) Land and Environment Court Act 1979, giving effect to the parties' agreement.
Legal Topics
Conciliation Conference, Agreement Between Parties, Orders Under S 34(3) Land and Environment Court Act 1979
Planning and Environment Conciliation Conference Agreement Between Parties Orders Under S 34(3) Land and Environment Court Act 1979

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Parties

Julie Duthie

Applicant

Mosman Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 could be reached and orders made accordingly

Ratio Decidendi

Having been satisfied that the agreement reached under s 34(3) was such that the Court could have made in proper exercise of its functions, the presiding Commissioner was required to dispose of the proceedings in accordance with that agreement and set out the terms in writing.

Court Disposition

Proceedings disposed of by consent orders under s 34(3) Land and Environment Court Act 1979, giving effect to the parties' agreement.

Orders

  • Final orders to give effect to the agreement were made (accessible separately as referred to in the judgment).