Glenayr Avenue Pty Ltd v Waverley Council
[2016] NSWLEC 1023
•01 February 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Glenayr Avenue Pty Ltd v Waverley Council [2016] NSWLEC 1023 Hearing dates: Conciliation conference on 18 September 2015 Date of orders: 01 February 2016 Decision date: 01 February 2016 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: Mixed use development; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Glenayr Avenue Pty Ltd (Applicant)
Waverley Council (Respondent)Representation: Applicant: Mr G Green (Solicitor)
Solicitors:
Respondent: Mr M Staunton (Barrister)
Applicant: Pikes & Verekers Lawyers
Respondent: Wiltshire Webb Staunton Beattie
File Number(s): 10480 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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Judy Fakes
Commissioner of the Court
10480 of 2015 s34 orders (72.6 KB, pdf)
10480 of 2015 Conditions of consent (489 KB, pdf)
Decision last updated: 01 February 2016
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