Paradisis v Manly Council [2015] NSWLEC 1229

Paradisis v Manly Council [2015] NSWLEC 1229

The Court must make orders in accordance with a decision agreed by the parties under s 34(3) of the Land and Environment Court Act 1979, where the Court is satisfied it could properly so decide.

Parties
Applicant: Theo Paradisis; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Modification of Consent (class 1 Proceeding) / Conciliation Conference; Final Orders Following Agreement
Outcome
Orders made in accordance with s 34(3) agreement between parties; proceedings disposed of accordingly
Legal Topics
Modification of Development Consent, Conciliation Conference, Section 34 Land and Environment Court Act 1979
Planning and Environment Law Modification of Development Consent Conciliation Conference Section 34 Land and Environment Court Act 1979

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Parties

Theo Paradisis

Applicant

Manly Council

Respondent

Procedural Posture

Modification of Consent (class 1 Proceeding) / Conciliation Conference; Final Orders Following Agreement

Legal Issues

  1. 1 Whether agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect as final orders

Ratio Decidendi

The Court must make orders in accordance with a decision agreed by the parties under s 34(3) of the Land and Environment Court Act 1979, where the Court is satisfied it could properly so decide.

Court Disposition

Orders made in accordance with s 34(3) agreement between parties; proceedings disposed of accordingly

Orders

  • Final orders made to give effect to the parties' agreement; terms of the decision set out in writing as required by s 34(3)(b) Land and Environment Court Act 1979