Xerri & Anor v Roads & Maritime Services [2015] NSWLEC 1344

Xerri & Anor v Roads & Maritime Services [2015] NSWLEC 1344

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Class 3 Compulsory Acquisition of Land / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'orders by Agreement']

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Procedural Posture

Class 3 Compulsory Acquisition of Land / Conciliation Conference; Agreement Between the Parties; Final Orders

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

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were to be disposed of in accordance with that 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 11 August 2015."]