Clune v Hunters Hill Council [2015] NSWLEC 1276

Clune v Hunters Hill Council [2015] NSWLEC 1276

The Court was satisfied that the agreement reached was one it could have made in the proper exercise of its functions, and thus was required to dispose of the proceedings in accordance with that agreement under s 34(3).

Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Development Application Appeal / Conciliation Conference With Agreement
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference With Agreement

Legal Issues

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

Ratio Decidendi

The Court was satisfied that the agreement reached was one it could have made in the proper exercise of its functions, and thus was required to dispose of the proceedings in accordance with that agreement under s 34(3).

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Orders made to give effect to the agreement between the parties.']