Dennis v Coolamon Shire Council [2018] NSWLEC 1518

Dennis v Coolamon Shire Council [2018] NSWLEC 1518

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement by making the final order modifying the Order dated 18 April 2018 in the manner shown in Annexure A.

Jurisdiction
Australia
Judgment Date
03 October 2018
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties 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 presiding Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement by making the final order modifying the Order dated 18 April 2018 in the manner shown in Annexure A.

Court Disposition

Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The Order dated 18 April 2018 is modified in the manner shown in Annexure A.']