Monaco Solicitors Pty Ltd as trustee for Monaco Investment Trust v Waverley Council

[2016] NSWLEC 1473

Land and Environment Court

New South Wales

Medium Neutral Citation:	Monaco Solicitors Pty Ltd as trustee for Monaco Investment Trust v Waverley Council [2016] NSWLEC 1473
Hearing dates:	Conciliation conference on 11 October 2016
Date of orders:	11 October 2016
Decision date:	11 October 2016
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:	Monaco Solicitors Pty Ltd ATF Monaco Investment Trust (ABN 19 713 101 182) (Applicant) Waverley Council (Respondent)
Representation:	Counsel: Mr A. Galasso SC (Applicant) Mr M. Staunton barrister (Respondent) Solicitors: Hones Lawyers.(Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/152573
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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to rely on the amended plans version E referred to in condition 1 of Annexure “A”.

2. The appeal is upheld.

3. Development Application DA416/2015 for the demolition of existing dwelling house and construction of a boarding house with 18 boarding rooms and a manager’s residence at 20 Murray Street, Bronte is approved subject to the conditions in Annexure A.

…………….

Commissioner O’Neill

152573.16 O'Neill (C) (270 KB, pdf)

152573.16 O'Neill - Amended Plans (6.04 MB, pdf)