Braithwaite & anor v Waverley Council [2015] NSWLEC 1431

Braithwaite & anor v Waverley Council [2015] NSWLEC 1431

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one it could have made, is required to dispose of the proceedings in accordance with that agreement.

Parties
Applicants: Steven and Deborah Braithwaite; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
22 October 2015
Procedural Posture
Development Application / Final Orders After Conciliation Conference
Outcome
Proceedings disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Final Orders
Planning and Environment Development Application Conciliation Conference Agreement Between Parties Final Orders

Case Brief

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Parties

Steven and Deborah Braithwaite

Applicants

Waverley Council

Respondent

Procedural Posture

Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the agreement reached at conciliation conference should be disposed of under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one it could have made, is required to dispose of the proceedings in accordance with that agreement.

Court Disposition

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

Orders

  • Final orders made to give effect to the agreement between the parties, available as referenced in the judgment