St Augustine’s College v Warringah Council [2015] NSWLEC 1403

St Augustine’s College v Warringah Council [2015] NSWLEC 1403

Because the parties reached an agreement under s 34(3) and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
30 September 2015
Procedural Posture
Modification Application; Class 1 / Conciliation Conference; 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
['modification Application' 'first Floor Access' 'stormwater Management and Emergency Access' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['environmental and Planning Law'] ['modification Application' 'first Floor Access' 'stormwater Management and Emergency Access' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by orders giving effect to the agreement.

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 September 2015."]