Lees v The Owners Strata Plan 52751
[2018] NSWLEC 1053
•09 February 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Lees v The Owners Strata Plan 52751 [2018] NSWLEC 1053 Hearing dates: Conciliation conference on 9 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Class 3 Before: Gray C Decision: See (4) below
Catchwords: APPLICATION - order for easement for drainage - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Tim Lees (Applicant)
The Owners Strata Plan 52751 (Respondent 1)
Somasunderam Muralitharan (Respondent 2)
Chrishathi Sasikala Muralitharan (Respondent 3)Representation: Counsel:
Solicitor:
Mr J Mort (Applicant)
Mr S Nash (Respondent)
Sattler & Associates Pty Ltd (Applicant)
J S Mueller & Co (Respondent)
File Number(s): 2017/72303 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:
Easement granted in accordance with the Class 3 Application filed on 8 May 2017, the site of which is to be situated in accordance with the plan of easement to drain water 1m wide prepared by Michael Trifiro, registered surveyor, in Annexure A to this Agreement.
The terms of the easement are to be in accordance with the easement terms recorded in Annexure B attached to this agreement.
The Applicant is to pay the First Respondent compensation for the grant of the easement in the sum of $150,000.00 within 42 days of these orders.
No order as to costs of the proceedings, to the intent that each party is to bear its own costs.
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Joanne Gray
Commissioner of the Court
Annexure A (130 KB, pdf)
Annexure B (29.6 KB, pdf)
Decision last updated: 12 February 2018
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