Expec Pty Ltd t/as the Republic Hotel v City of Sydney Council

Case •

[2015] NSWLEC 1106

•

16 April 2015


Land and Environment Court

New South Wales

Case Name: 

Expec Pty Ltd t/as The Republic Hotel v City of Sydney Council

Medium Neutral Citation: 

[2015] NSWLEC 1106

Hearing Date(s): 

Conciliation conference on 2 March 2015

Date of Orders:

16 April 2015

Decision Date: 

16 April 2015

Jurisdiction: 

Class 1

Before: 

Morris C

Decision: 

See (4) below

Catchwords: 

DEVELOPMENT APPLICATION: alterations to an approved mixed use development; conciliation conference; agreement between the parties; orders

Legislation Cited: 

Land and Environment Court Act 1979

Category: 

Principal judgment

Parties: 

EXPEC PTY LTD t/a The Republic Hotel (Applicant)
CITY OF SYDNEY COUNCIL (Respondent)

Representation: 

Counsel:
Christopher Drury (Applicant)
Jessica Wood (Respondent)
Solicitors:
Sparke Helmore (Applicant)
City of Sydney Council(Respondent)

File Number(s): 

11082 of 2014

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.

    …………….

    Commissioner Morris

    11082 of 2014 Morris 16 April 2015 (O) (118 KB, pdf)

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