Heydon Avenue Developments Pty Ltd v Ku-ring-gai Council

[2016] NSWLEC 1169

Land and Environment Court

New South Wales

Medium Neutral Citation:	Heydon Avenue Developments Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1169
Hearing dates:	Conciliation conference on 21 April 2016
Date of orders:	09 May 2016
Decision date:	09 May 2016
Jurisdiction:	Class 1
Before:	Smithson AC
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Heydon Avenue Developments Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: - - Solicitors: Mr McKee, McKees Legal Solutions (Applicant) Ms Finn, Hones Lawyers (Respondent)
File Number(s):	10057 of 2016

Judgment

1. ACTING 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.

…………….

Jenny Smithson

Acting Commissioner

10057 of 2016 - Order (7.19 KB, pdf)

10057 of 2016 - Annexure A (166 KB, pdf)