Rad 1 Fire Services Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1427
The Court, being satisfied that the agreed decision was one it could properly make, was required to dispose of the proceedings according to the agreement made between the parties under s 34(3) of the Land and Environment Court Act 1979.
- Parties
- Applicant: Rad 1 Fire Services Pty Ltd; Respondent: Canterbury-Bankstown Council
- Jurisdiction
- Australia
- Judgment Date
- 10 August 2017
- Procedural Posture
- Development Application Appeal / Post Conciliation Conference Orders
- Outcome
- Agreement between the parties under s 34(3) given effect and orders made.
- Legal Topics
- Development Application, Conciliation Conference, Section 34 Agreement
Case Brief
Summary, issues, holding and outcome
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Parties
Rad 1 Fire Services Pty Ltd
Applicant
Canterbury-Bankstown Council
Respondent
Procedural Posture
Development Application Appeal / Post Conciliation Conference Orders
Legal Issues
- 1 Whether the conciliation conference agreement could be given effect under s 34(3) of the Land and Environment Court Act 1979
Ratio Decidendi
The Court, being satisfied that the agreed decision was one it could properly make, was required to dispose of the proceedings according to the agreement made between the parties under s 34(3) of the Land and Environment Court Act 1979.
Court Disposition
Agreement between the parties under s 34(3) given effect and orders made.
Orders
- The Applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure A.
- The Applicant is to pay the Respondent's section 97B costs in the sum of $10,000.00 within 28 days.
Full Case Text
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