Molnar & Anor v Woollahra Municipal Council [2015] NSWLEC 1435

Molnar & Anor v Woollahra Municipal Council [2015] NSWLEC 1435

As parties reached an agreement under s 34(3) and the Commissioner was satisfied the decision was one the Court could make, the proceedings were disposed of accordingly without assessment of the original merits.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Modification of Development Application / Conciliation Conference; Agreed Orders Following S 34(3) Land and Environment Court Act 1979
Outcome
Orders made by consent pursuant to agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['modification of Development Application' 'conciliation Conference' 'agreed Orders']
['planning and Environment'] ['modification of Development Application' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Modification of Development Application / Conciliation Conference; Agreed Orders Following S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement between parties under s 34(3) Land and Environment Court Act 1979 could be made into Court orders']

Ratio Decidendi

As parties reached an agreement under s 34(3) and the Commissioner was satisfied the decision was one the Court could make, the proceedings were disposed of accordingly without assessment of the original merits.

Court Disposition

Orders made by consent pursuant to agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ["The orders as set out in the written document giving effect to the parties' agreement"]