MKD Architects Pty Limited v Woollahra Municipal Council [2015] NSWLEC 1501

MKD Architects Pty Limited v Woollahra Municipal Council [2015] NSWLEC 1501

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 proceedings were required to be disposed of in accordance with that agreed decision by making orders giving effect to it.

Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Modification Application / Conciliation Conference; Agreement Between the Parties Under S 34(3)
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) by final orders.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']
['land and Environment Court Proceedings'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']

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Procedural Posture

Modification Application / Conciliation Conference; Agreement Between the Parties Under S 34(3)

Legal Issues

  1. 1 ['Whether an agreement reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders.' 'Whether the decision agreed by the parties 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 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 proceedings were required to be disposed of in accordance with that agreed decision by making orders giving effect to it.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) by final orders.

Orders

  • ["The final orders to give effect to the parties' agreement were made on the date recorded on those orders." 'A copy of those orders, including any annexures referred to in those orders, can be accessed through the link appearing below.']