Ozog v Waverley Council [2016] NSWLEC 1141

Ozog v Waverley Council [2016] NSWLEC 1141

Because the parties agreed to the terms of a decision at or after a conciliation conference and the Commissioner was satisfied as required by s 34(3), the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
14 April 2016
Procedural Posture
Modification Application / Final Orders Following Conciliation Conference
Outcome
Orders made by agreement under s 34(3) of the Land and Environment Court Act 1979; proceedings disposed of in accordance with parties' agreement.
Legal Topics
['modification Application' 'conciliation Conference' 'section 34 Agreement' 'court Orders']
['environmental Law' 'planning Law'] ['modification Application' 'conciliation Conference' 'section 34 Agreement' 'court Orders']

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Procedural Posture

Modification Application / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 between the parties is acceptable and can be made as a decision of the Court']

Ratio Decidendi

Because the parties agreed to the terms of a decision at or after a conciliation conference and the Commissioner was satisfied as required by s 34(3), the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Orders made by agreement under s 34(3) of the Land and Environment Court Act 1979; proceedings disposed of in accordance with parties' agreement.

Orders

  • ['Final orders made to give effect to the agreement between the parties.']