Kiouranakis & Anor v Randwick City Council [2015] NSWLEC 1447

Kiouranakis & Anor v Randwick City Council [2015] NSWLEC 1447

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 agreed decision.

Jurisdiction
Australia
Judgment Date
30 October 2015
Procedural Posture
Class 1 Development Application Proceedings / At or After a Conciliation Conference, Parties Reached Agreement Under S 34(3) of the Land and Environment Court Act 1979
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' 'attached Dwellings' 'conciliation Conference' 'section 34 Agreement' 'consent Orders']
['planning and Environmental Law'] ['development Application' 'attached Dwellings' 'conciliation Conference' 'section 34 Agreement' 'consent Orders']

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Procedural Posture

Class 1 Development Application Proceedings / At or After a Conciliation Conference, Parties Reached Agreement Under S 34(3) of the Land and Environment Court Act 1979

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 agreed 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

  • ["Final orders to give effect to the parties' agreement were made on 30 October 2015."]