Celik v Canterbury City Council [2016] NSWLEC 1030

Celik v Canterbury City Council [2016] NSWLEC 1030

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that decision by making final orders to give effect to the agreement.

Jurisdiction
Australia
Judgment Date
03 February 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Proceedings disposed of in accordance with the parties' agreement; final orders made on 03 February 2016.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environmental Law'] ['development Application' 'conciliation Conference' 'agreement Between the 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 Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one 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 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that decision by making final orders to give effect to the agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement; final orders made on 03 February 2016.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 03 February 2016."]