Joesandra Pty Ltd v Warringah Council

[2015] NSWLEC 1347

Land and Environment Court

New South Wales

Case Name:	Joesandra Pty Ltd v Warringah Council
Medium Neutral Citation:	[2015] NSWLEC 1347
Hearing Date(s):	Conciliation conference on 4 May 2015
Date of Orders:	21 August 2015
Decision Date:	21 August 2015
Jurisdiction:	Class 1
Before:	O’Neill C
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:	Joesandra Pty Ltd (Applicant) Warringah Council (Respondent)
Representation:	Counsel: Mr J Hones solicitor (Applicant) Mr S Patterson solicitor (Respondent) Solicitors: Hones Lawyers (Applicant) Wiltshire Webb Stauton Beattie Lawyers (Respondent)
File Number(s):	10771 of 2014
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, 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.

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   Commissioner O’Neill

   10771 of 2014 O'Neill (O) (72.0 KB, pdf) of 2014 O'Neill (C) (369 KB, pdf) September 2015 - Date of ordered amended