The Hao Dinh v Liverpool City Council

[2018] NSWLEC 1015

Land and Environment Court

New South Wales

Medium Neutral Citation:	The Hao Dinh v Liverpool City Council [2018] NSWLEC 1015
Hearing dates:	Conciliation conference on 22 December 2017
Date of orders:	16 January 2018
Decision date:	16 January 2018
Jurisdiction:	Class 1
Before:	Martin SC
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:	The Hao Dinh (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: Mr S Nash (Respondent) Solicitors: Mr T Dinh, Litigant in Person(Applicant) Mr I Lacy, Liverpool City Council (Respondent)
File Number(s):	2017/273512
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. The appeal is upheld.

2. The respondent is directed, pursuant to s149F(3)(a) of the Environmental Planning and Assessment Act 1979, to issue a building certificate in respect of the detached secondary dwelling located on the property at 27 Bundemar Street, Miller, in accordance with the application made on 12 February 2015 and as indicated on the plan annexed and marked “A” to this agreement, by 8 January 2018.

……………………….

Senior Commissioner Martin