Mohammed Lazki v Bankstown City Council [2015] NSWLEC 1566

Mohammed Lazki v Bankstown City Council [2015] NSWLEC 1566

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed 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 decision and to set out the terms in writing.

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Class 1 Development Application Modification Proceedings / Conciliation Conference; Agreement Between the Parties; Orders 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' 'modification to Increase Student Numbers and Relocate Car Parking' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'modification to Increase Student Numbers and Relocate Car Parking' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to 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 and the presiding Commissioner was satisfied that the agreed 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 decision and to 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

  • ["Final orders to give effect to the parties' agreement were made on 15 December 2015."]