Staldone Turramurra Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1093

Staldone Turramurra Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1093

The court, having been satisfied that the agreement reached is one it could have made in the proper exercise of its functions, must dispose of the proceedings in accordance with the decision agreed upon by the parties and set out the terms in writing, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Staldone Turramurra Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
10 April 2015
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Proceedings disposed of in accordance with parties’ agreement pursuant to s 34(3) of Land and Environment Court Act 1979.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Orders
Planning and Environment Law Development Application Conciliation Conference Agreement Between Parties Orders

Case Brief

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Parties

Staldone Turramurra Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the court should dispose of proceedings in accordance with agreement reached at conciliation conference under s 34(3) of Land and Environment Court Act 1979

Ratio Decidendi

The court, having been satisfied that the agreement reached is one it could have made in the proper exercise of its functions, must dispose of the proceedings in accordance with the decision agreed upon by the parties and set out the terms in writing, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Proceedings disposed of in accordance with parties’ agreement pursuant to s 34(3) of Land and Environment Court Act 1979.

Orders

  • Final orders made to give effect to agreement between parties on 10 April 2015.