Ninety Four Feet Pty Ltd v Waverley Council [2015] NSWLEC 1411

Ninety Four Feet Pty Ltd v Waverley Council [2015] NSWLEC 1411

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 were required to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
13 October 2015
Procedural Posture
Class 1 Development Application Proceedings Concerning a Residential Flat Building / At or After a Conciliation Conference, an Agreement Under S 34(3) of the Land and Environment Court Act 1979 Was Reached Between the Parties
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' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties 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 Concerning a Residential Flat Building / At or After a Conciliation Conference, an Agreement Under S 34(3) of the Land and Environment Court Act 1979 Was Reached Between the Parties

Legal Issues

  1. 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

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 were required to be disposed of in accordance with that decision.

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."]