Malcolm Smith Pty Ltd v The Hills Shire Council [2015] NSWLEC 1104

Malcolm Smith Pty Ltd v The Hills Shire Council [2015] NSWLEC 1104

An agreement was reached between the parties 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; therefore the proceedings were to be disposed of in accordance with that decision and written orders made to give effect to it.

Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; 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
['development Application' 'joinery and Kitchen Manufacturing Business' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']
['planning and Environment Law'] ['development Application' 'joinery and Kitchen Manufacturing Business' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; 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.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

An agreement was reached between the parties 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; therefore the proceedings were to be disposed of in accordance with that decision and written orders made to give effect to it.

Court Disposition

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

Orders

  • ["Final orders to give effect to the parties' agreement were made on 17 April 2015."]