Lees v The Owners Strata Plan 52751

[2018] NSWLEC 1053

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: Mr J Mort (Applicant) Mr S Nash (Respondent) Solicitor: Sattler & Associates Pty Ltd (Applicant) J S Mueller & Co (Respondent)
File Number(s):	2017/72303
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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are:

1. 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.

2. The terms of the easement are to be in accordance with the easement terms recorded in Annexure B attached to this agreement.

3. 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.

4. No order as to costs of the proceedings, to the intent that each party is to bear its own costs.

……………………….

Joanne Gray

Commissioner of the Court

Annexure A (130 KB, pdf)

Annexure B (29.6 KB, pdf)