SFN Constructions Pty Limited v Leichhardt Municipal Council
[2015] NSWLEC 1150
•14 May 2015
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New South Wales |
Case Name: | SFN Constructions Pty Limited v Leichhardt Municipal Council |
Medium Neutral Citation: | [2015] NSWLEC 1150 |
Hearing Date(s): | Conciliation conference on 10 December 2014 |
Date of Orders: | 14 May 2015 |
Decision Date: | 14 May 2015 |
Jurisdiction: | Class 1 |
Before: | Pearson C |
Decision: | See (4) below |
Catchwords: | DEVELOPMENT APPLICATION: alterations and additions to existing industrial building; conciliation conference; agreement between the parties; orders |
Legislation Cited: | Land and Environment Court Act 1979 |
Category: | Principal judgment |
Parties: | SFN Constructions Pty Limited (Applicant) |
Representation: | Solicitors: |
File Number(s): | 10812 of 2014 |
JUDGMENT
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”.
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.
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.
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.
…………….
Commissioner Pearson
10812 of 2014 14_5_2015 (O) (86.1 KB, pdf)
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