A.T.B. Morton Pty Ltd v Newcastle City Council

[2016] NSWLEC 1076

Land and Environment Court

New South Wales

Medium Neutral Citation:	A.T.B. Morton Pty Ltd v Newcastle City Council [2016] NSWLEC 1076
Hearing dates:	Conciliation conference on 30 September, 24 November, 2, 18 December 2015, 17 February 2016
Date of orders:	17 February 2016
Decision date:	17 February 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	Development Application: Demolition of existing buildings & construction of four new buildings; Adequacy of vehicular access; drainage & flooding impacts; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	A.T.B. Morton Pty Ltd (Applicant) Newcastle City Council (Respondent)
Representation:	Counsel: Mr A Pickles SC (Applicant) Solicitors: Ms Michelle Mullard, A.T.B. Morton Pty Ltd (Applicant) Mr James Marshall, Newcastle City Council (Respondent)
File Number(s):	10557 of 2015

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

R Hussey

Acting Commissioner

10557 of 2015 - Order (7.33 KB, pdf)

10557 of 2015 - Annexure A (98.3 KB, pdf)