Sydney Tools Pty Ltd v Oxford

[2018] NSWLEC 1513

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 1513
Hearing dates:	Conciliation conference on 27 September 2018
Date of orders:	27 September 2018
Decision date:	27 September 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	NOISE ABATEMENT ORDER - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979 Protection of the Environment Operations Act 199
Category:	Principal judgment
Parties:	Sydney Tools Pty Ltd (Applicant) Robyn Oxford (Respondent)
Representation:	Counsel: M Sonter (Solicitor) Solicitors: Mills Oakley (Applicant)
File Number(s):	2018/251087
Publication restriction:	No
Decision under appeal	Court or tribunal: Local Court Date of Decision: 14 August 2018 Before: Magistrate J Baptie File Number(s): 2018/74074

Judgment

1. COMMISSIONER: This is an appeal by Sydney Tools Pty Ltd (“Applicant”) against the Noise Abatement Order made by the Local Court on 14 August 2018 pursuant to s 290(1)(b) of the Protection of the Environment Operations Act 1997 in relation to Sydney Tools Pty Ltd and its occupation of 102 Bonds Road, Roselands.

2. In this matter, at 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The Noise Abatement Order made by the Local Court on 14 August 2018 in relation to the Applicant and its occupation of 102 Bonds Road, Roselands is revoked.

2. Each party is to pay their own costs.

……………………….

Commissioner Gray

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Decision last updated: 02 October 2018