Wentworth Equities as trustee for the Wentworth Property Trust v Leichhardt Council [2015] NSWLEC 1239

Wentworth Equities as trustee for the Wentworth Property Trust v Leichhardt Council [2015] NSWLEC 1239

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 proceedings were required to be disposed of in accordance with that agreement and orders were made to give effect to it.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Class 1 Development Application / Conciliation Conference; Agreement Between the Parties 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
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environmental Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement reached at or after a conciliation conference 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 proceedings were required to be disposed of in accordance with that agreement and orders were made to give effect to it.

Court Disposition

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

Orders

  • ["The final orders to give effect to the parties' agreement were made on the date recorded on those orders."]