Marjoe Pty Ltd v City of Botany Bay Council [2015] NSWLEC 1554
The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference and the Commissioner was satisfied the decision was one the Court could have made, therefore the proceedings were disposed of in accordance with the parties' agreement.
- Jurisdiction
- Australia
- Judgment Date
- 15 December 2015
- Procedural Posture
- Appeal / Final Orders Following Conciliation Conference
- Outcome
- Proceedings disposed of in accordance with parties' agreement under s 34(3) Land and Environment Court Act 1979
- Legal Topics
- ['development Application' 'demolition' 'residential Flat Building' 'conciliation Conference' 'section 34 Agreement']
Case Brief
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Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Legal Issues
- 1 ['Refusal of development application for demolition and construction of residential flat building' 'Whether agreement between parties can dispose of proceedings under s 34(3) Land and Environment Court Act 1979']
Ratio Decidendi
The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference and the Commissioner was satisfied the decision was one the Court could have made, therefore the proceedings were disposed of in accordance with the parties' agreement.
Court Disposition
Proceedings disposed of in accordance with parties' agreement under s 34(3) Land and Environment Court Act 1979
Orders
- ["Final orders to give effect to parties' agreement were made and are set out in writing as required by s 34(3)(b)"]
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