Kanebridge Developments (Australia) Pty Ltd v Blacktown City Council [2015] NSWLEC 1462

Kanebridge Developments (Australia) Pty Ltd v Blacktown City Council [2015] NSWLEC 1462

The Court is required by s 34(3) of the Land and Environment Court Act 1979 to dispose of proceedings in accordance with an agreement between the parties, provided the Court is satisfied that the decision is within its proper powers.

Parties
Applicant: Kanebridge Developments (Australia) Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
13 November 2015
Procedural Posture
Class 1 / Agreement Following Conciliation Conference
Outcome
Proceedings disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
Subdivision, Conditions of Consent, Conciliation Conference, Agreement Between Parties
Planning and Environment Subdivision Conditions of Consent Conciliation Conference Agreement Between Parties

Case Brief

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Parties

Kanebridge Developments (Australia) Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 / Agreement Following Conciliation Conference

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 should be adopted to resolve the proceedings

Ratio Decidendi

The Court is required by s 34(3) of the Land and Environment Court Act 1979 to dispose of proceedings in accordance with an agreement between the parties, provided the Court is satisfied that the decision is within its proper powers.

Court Disposition

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

Orders

  • Final orders made as per the written agreement between the parties on 13 November 2015