Tomasy Pty Ltd v Mosman Municipal Council [2015] NSWLEC 1436

Tomasy Pty Ltd v Mosman Municipal Council [2015] NSWLEC 1436

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and set out the terms in writing.

Jurisdiction
Australia
Judgment Date
30 October 2015
Procedural Posture
Class 1 Modification of Development Application / Conciliation Conference; Agreement Between the Parties; Orders 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 of Development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['environmental Planning and Assessment' 'land and Environment'] ['modification of Development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and set out the terms in writing.

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 October 2015." 'The orders, including annexures referred to in those orders, were accessible through the links identified in the judgment.']