Funforfour Pty Ltd v Ku-ring-gai Council

[2017] NSWLEC 1103

Land and Environment Court

New South Wales

Medium Neutral Citation:	Funforfour Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1103
Hearing dates:	Conciliation conference on 24 February 2016
Date of orders:	01 March 2017
Decision date:	01 March 2017
Jurisdiction:	Class 1
Before:	Maston 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:	Funforfour Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Solicitor: Ms J Wauchope, Gadens (Applicant) Mr J Merlino, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/363850
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.

2. The modification application for amendment of the deferred commencement condition in the development consent in relation to DA No. 0007/14 is approved as set out in "Annexure A".

……………………….

Acting Commissioner Maston

363850.16 Maston (C) (327 KB, pdf)

Decision last updated: 02 March 2017