Vigor Master Pty Ltd v Warringah Council [2016] NSWLEC 1092

Vigor Master Pty Ltd v Warringah Council [2016] NSWLEC 1092

An agreement was reached between the parties at or after a conciliation conference and the presiding Commissioner was satisfied it was a decision the Court could have made; pursuant to s 34(3) of the Land and Environment Court Act 1979, the Court disposed of the proceedings in accordance with that agreement, setting out the terms in writing.

Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Modification of Development Consent Class 1 / Post Conciliation Conference Decision
Outcome
Proceedings disposed in accordance with agreement reached at conciliation conference under s 34(3) Land and Environment Court Act 1979.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties']
['environmental Law' 'planning Law'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Modification of Development Consent Class 1 / Post Conciliation Conference Decision

Legal Issues

  1. 1 ['Whether parties may agree on terms of a decision at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979' 'Whether the Court can dispose of the proceedings in accordance with the agreement reached']

Ratio Decidendi

An agreement was reached between the parties at or after a conciliation conference and the presiding Commissioner was satisfied it was a decision the Court could have made; pursuant to s 34(3) of the Land and Environment Court Act 1979, the Court disposed of the proceedings in accordance with that agreement, setting out the terms in writing.

Court Disposition

Proceedings disposed in accordance with agreement reached at conciliation conference under s 34(3) Land and Environment Court Act 1979.

Orders

  • ["Final orders to give effect to the parties' agreement made on 16 March 2016."]