Karimbla Constructions Services (NSW) Pty Ltd v Botany Bay City Council [2015] NSWLEC 1317

Karimbla Constructions Services (NSW) Pty Ltd v Botany Bay City Council [2015] NSWLEC 1317

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could properly be made by the Court, the Court was required to dispose of the proceedings in accordance with the parties’ agreement.

Parties
Applicant: Karimbla Constructions Services (NSW) Pty Ltd; Respondent: Botany Bay City Council
Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Development Application / Conciliation Conference – Agreement Reached
Outcome
Proceedings disposed of in accordance with the parties’ agreement reached at a conciliation conference.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Orders
Planning and Environment Law Development Application Conciliation Conference Agreement Between Parties Orders

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Parties

Karimbla Constructions Services (NSW) Pty Ltd

Applicant

Botany Bay City Council

Respondent

Procedural Posture

Development Application / Conciliation Conference – Agreement Reached

Legal Issues

  1. 1 Whether agreement between parties under s 34(3) of the Land and Environment Court Act 1979 can be converted to orders disposing of proceedings

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could properly be made by the Court, the Court was required to dispose of the proceedings in accordance with the parties’ agreement.

Court Disposition

Proceedings disposed of in accordance with the parties’ agreement reached at a conciliation conference.

Orders

  • Final orders made to give effect to the parties' agreement as recorded on the orders dated 7 August 2015.