Project Any Pty Ltd v Waverley Council [2015] NSWLEC 1425

Project Any Pty Ltd v Waverley Council [2015] NSWLEC 1425

An agreement acceptable to both parties was reached pursuant to s 34(3) of the Land and Environment Court Act 1979, and the Court considered it a decision it could make in the proper exercise of its functions; the orders reflect that agreement and dispose of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
08 October 2015
Procedural Posture
Development Application Appeal / Conciliation Conference—final Orders Following Agreement
Outcome
Proceedings disposed of by consent with final orders reflecting parties' agreement, as required by s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliated Agreement' 'section 34 Land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'conciliated Agreement' 'section 34 Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference—final Orders Following Agreement

Legal Issues

  1. 1 ['Whether parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to final orders' 'Whether the Court could properly make those agreed orders in the exercise of its functions']

Ratio Decidendi

An agreement acceptable to both parties was reached pursuant to s 34(3) of the Land and Environment Court Act 1979, and the Court considered it a decision it could make in the proper exercise of its functions; the orders reflect that agreement and dispose of the proceedings accordingly.

Court Disposition

Proceedings disposed of by consent with final orders reflecting parties' agreement, as required by s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["Orders made in accordance with parties' agreement at or after conciliation conference (terms accessible per judgment)"]