Korn v Bayside Council
[2018] NSWLEC 1085
•26 February 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Korn v Bayside Council [2018] NSWLEC 1085 Hearing dates: Conciliation conference on 22 January 2018, 13 February 2018 and 22 February 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Class 1 Before: Bish 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: Andrea Letkova Korn (Applicant)
Bayside Council (Respondent)Representation: Solicitor:
Michael Ayache, One Group Legal (Applicant)
Tom Messenger, HWL Ebsworth Lawyers (Respondent)
File Number(s): 2017/00243416 Publication restriction: No
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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Pursuant to section 121ZK(4) of the Environmental Planning and Assessment Act 1979, the Court substitutes the Order No. 12 issued on 27 June 2017 pursuant to section 121B of that Act in relation to 112 Russell Avenue, Dolls Point, with the order No.15 contained at Annexure A.
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Sarah Bish
Commissioner of the Court
Annexure A (31.1 KB, pdf)
Annexure B (2.98 MB, pdf)
Decision last updated: 27 February 2018
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