Kipper v Randwick City Council [2015] NSWLEC 1319

Kipper v Randwick City Council [2015] NSWLEC 1319

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Class 1 Appeal Concerning Modification of Consent / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld
Legal Topics
['modification of Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['modification of Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification of Consent / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' "Orders were made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]