Jones v Mosman Council [2015] NSWLEC 1121

Jones v Mosman Council [2015] NSWLEC 1121

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreed decision and set out the terms in writing.

Jurisdiction
Australia
Judgment Date
24 April 2015
Procedural Posture
Development Application / Class 1 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' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreed decision and set out the terms in writing.

Court Disposition

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

Orders

  • ["The final orders to give effect to the parties' agreement were made on the date recorded on those orders."]