Bernabe Ramos v Bayside Council

[2017] NSWLEC 1018

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bernabe Ramos v Bayside Council [2017] NSWLEC 1018
Hearing dates:	Conciliation conference on 21 December 2016 and 11 January 2017
Date of orders:	11 January 2017
Decision date:	11 January 2017
Jurisdiction:	Class 2
Before:	Speers AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Solicitors: P. Tannous, The Australian Legal Practice (Applicant) S. Shneider, Houston Dearn O'Connor (Respondent)
Representation:	Solicitors: P. Tannous, The Australian Legal Practice (Applicant) S. Shneider, Houston Dearn O'Connor (Respondent)
File Number(s):	2016/281851
Publication restriction:	No

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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld in the terms set out at (2) herein;

2. The Court substitutes the entire Order given by Bayside Council (formerly the Council of the City of Botany Bay) to the Applicant on 23 August 2016 (being the Order that is under appeal) with an Order 12 made pursuant to section 124 of the Local Government Act in the terms set out at annexure "A" of this agreement.

…………….

Acting Commissioner Speers

281851.16 Speers AC (C) (7.23 KB, pdf)