Baudinet v Lake Macquarie City Council [2015] NSWLEC 1547

Baudinet v Lake Macquarie City Council [2015] NSWLEC 1547

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

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'construction of Dwelling House, Retaining Walls, Swimming Pool and Half Tennis Court' 'integrated Development' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law' 'heritage Law' 'mine Subsidence'] ['development Application' 'construction of Dwelling House, Retaining Walls, Swimming Pool and Half Tennis Court' 'integrated Development' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

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

Court Disposition

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

Orders

  • ['Orders were made to give effect to the agreement between the parties.' 'The terms of the decision were set out in writing in the orders, including annexures referred to in those orders.']