Jacobsen & anor v Ku-ring-gai Council [2016] NSWLEC 1164

Jacobsen & anor v Ku-ring-gai Council [2016] NSWLEC 1164

Because the parties reached an agreement 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, the proceedings were disposed of in accordance with that agreement and final orders were made to give effect to it.

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders were made to give effect to the parties' agreement.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement 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, the proceedings were disposed of in accordance with that agreement and final orders were made to give effect to it.

Court Disposition

Final orders were made to give effect to the parties' agreement.

Orders

  • ["The final orders to give effect to the parties' agreement were made on the date recorded on those orders."]