McNamee v Ku-ring-gai Council [2015] NSWLEC 1364

McNamee v Ku-ring-gai Council [2015] NSWLEC 1364

Since an agreement was reached under s 34(3) of the Land and Environment Court Act 1979 acceptable to both parties, and the presiding Commissioner was satisfied that the resultant decision is one the court could have properly made, the Act requires the court to dispose of proceedings accordingly and set out the decision in writing.

Parties
Applicant: Patrick McNamee; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Class 1 / Conciliation Conference and Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Proceedings disposed of by agreement under s 34(3) Land and Environment Court Act 1979 with orders made according to that agreement.
Legal Topics
Seniors Living Development, Conciliation Conference, Agreement Between Parties, Orders
Planning and Environment Seniors Living Development Conciliation Conference Agreement Between Parties Orders

Case Brief

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Parties

Patrick McNamee

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference and Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the court should make orders to dispose of proceedings in accordance with agreement under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

Since an agreement was reached under s 34(3) of the Land and Environment Court Act 1979 acceptable to both parties, and the presiding Commissioner was satisfied that the resultant decision is one the court could have properly made, the Act requires the court to dispose of proceedings accordingly and set out the decision in writing.

Court Disposition

Proceedings disposed of by agreement under s 34(3) Land and Environment Court Act 1979 with orders made according to that agreement.

Orders

  • Final orders to give effect to the agreement between the parties made and recorded on the date of the orders.