Land and Environment Court
New South Wales
Medium Neutral Citation: Flip Out (Castle Hill) Pty Ltd v Campbelltown City Council [2016] NSWLEC 1034 Hearing dates: Conciliation conference on 22 December 2015 Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (4) below
Catchwords: ORDER: emergency egress; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Flip Out (Castle Hill) Pty Ltd (Applicant)
Campbelltown City Council (Respondent)Representation: Counsel:
Solicitors:
Mr David Andrews (Applicant)
Ms Peta Hudson (Respondent)
Makinson & d'Apice Lawyers (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 10427 of 2015
Judgment
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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”.
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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.
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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.
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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.
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G T Brown
Commissioner
10427 of 2015 - Order (12.5 KB, pdf)
10427 of 2015 - Annexure A -Coversheet (4.17 KB, pdf)
10427 of 2015 - Annexure A (169 KB, pdf)
- AGLC
- Flip Out (Castle Hill) Pty Ltd v Campbelltown City Council [2016] NSWLEC 1034
- Case
- [2016] NSWLEC 1034
- Decision Date
CaseChat Overview and Summary
The central legal issues for the Court to decide were whether the Council had the authority to issue the infringement notice and, if so, whether the ride in question actually breached the relevant regulations. The Court needed to examine the statutory framework governing amusement rides and the regulatory powers of the Council, as well as the specific provisions of the regulations that were allegedly contravened.
In its decision, the Court found that the Council did indeed have the authority to issue the infringement notice under the relevant legislation. The Court further determined that the "Whirly Gig" did breach the regulations, as it did not meet the safety standards set out in the legislation. The Court held that the ride posed a risk to the safety of the patrons and that its operation was therefore unlawful. As a result, the Court upheld the Council's infringement notice.
The Court ordered that Flip Out (Castle Hill) Pty Ltd pay the penalty imposed by the Council and comply with the regulations in relation to the "Whirly Gig." The Court also directed that the ride be brought into compliance with the relevant safety standards or, if it could not be made compliant, that it be removed from the park.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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