Malek Group Pty Ltd v Warringah Council [2015] NSWLEC 1502

Malek Group Pty Ltd v Warringah Council [2015] NSWLEC 1502

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 required to be disposed of in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
02 December 2015
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Conciliation Conference 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' 'child Care Centre' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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 Proceedings / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with an agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.' '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 required to be disposed of in accordance with that agreed 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

  • ["Final orders to give effect to the parties' agreement were made on 2 December 2015."]