Pitt 88 Pty Ltd v Holroyd CityCouncil [2015] NSWLEC 1304

Pitt 88 Pty Ltd v Holroyd CityCouncil [2015] NSWLEC 1304

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 proceedings were required to be disposed of in accordance with that decision and final orders were made to give effect to the agreement.

Jurisdiction
Australia
Judgment Date
03 August 2015
Procedural Posture
Class 1 Development Application Proceedings / At or After Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
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 Environment 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 / At or After Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.']

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 proceedings were required to be disposed of in accordance with that decision and final orders were made to give effect to the agreement.

Court Disposition

Final orders made to give effect to 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."]