Swell Built Developments Pty Ltd v Botany Bay City Council

[2015] NSWLEC 1477

Land and Environment Court

New South Wales

Medium Neutral Citation:	Swell Built Developments Pty Ltd v Botany Bay City Council [2015] NSWLEC 1477
Hearing dates:	Conciliation conference on 19 November 2015
Date of orders:	24 November 2015
Decision date:	24 November 2015
Jurisdiction:	Class 1
Before:	Morris C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: mixed use development; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Swell Built Developments Pty Ltd (Applicant) Botany Bay City Council (Respondent)
Representation:	Counsel: Mr C McEwen SC Solicitor: Mr R Bennett, Pikes & Verekers (Applicant) Mr T O’Connor, Houston Dearn O’Connor (Respondent)
File Number(s):	10224 of 2015
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 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 Morris

10224 of 2015 24 November 2015 (423 KB, pdf)

10224 of 2015 Morris (C) (393 KB, pdf)

10224 of 2015 Morris_904 Botany Rd, Mascot (4.41 MB, pdf)

10224 of 2015 Morris_Plans (3.98 MB, pdf)