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']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 3 Compulsory Acquisition of Land / Conciliation Conference; Agreement Between the Parties; Final Orders
Legal Issues
- 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."]
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