Gray v Woollahra Municipal Council [2015] NSWLEC 1081

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, 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 had to be disposed of in accordance with that agreement.

Jurisdiction: Australia
Judgment Date: 01 April 2015
Procedural Posture: Class 1 Development Modification 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 Modification' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

['planning and Environment Law'] ['development Modification' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

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Procedural Posture

Class 1 Development Modification Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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 1 April 2015."]