Kara & Anor v Leichhardt Council [2015] NSWLEC 1541

Kara & Anor v Leichhardt Council [2015] NSWLEC 1541

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 to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Class 1 Modification of Development Consent Proceedings / At or After a Conciliation Conference; Orders Giving Effect to Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Modification of Development Consent Proceedings / At or After a Conciliation Conference; Orders Giving Effect to Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

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 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

  • []