Terence James Mahony v Roads and Maritime Services [2016] NSWLEC 1227

Terence James Mahony v Roads and Maritime Services [2016] NSWLEC 1227

Because the parties reached an agreement at or after the conciliation conference 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 disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
08 June 2016
Procedural Posture
Class 3 / Final Orders Following Conciliation Conference on 6 June 2016
Outcome
The proceedings were disposed of in accordance with the parties' agreement reached at the conciliation conference.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'compensation for Acquisition' 'costs']
['land and Environment' 'land Acquisition Compensation'] ['conciliation Conference' 'agreement Between the Parties' 'compensation for Acquisition' 'costs']

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Procedural Posture

Class 3 / Final Orders Following Conciliation Conference on 6 June 2016

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement at or after the conciliation conference 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 disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

Court Disposition

The proceedings were disposed of in accordance with the parties' agreement reached at the conciliation conference.

Orders

  • ['The Court notes that the parties or their representatives have reached an agreement in a conciliation conference held on 6 June 2016 pursuant to s.34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner Maston, as to the terms of a decision in the proceedings that would be acceptable to...