Land and Environment Court
New South Wales
Medium Neutral Citation: The Owners – Strata Plan No. 867 v Warringah Council [2015] NSWLEC 1394 Hearing dates: Conciliation conference on 3 August 2015 Date of orders: 25 September 2015 Decision date: 25 September 2015 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION; demolition and reconstruction of a residential flat building; conciliation conference; agreement between the parties Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: The Owners – Strata Plan No. 867 (Applicant)
Warringah Council (Respondent)Representation: Applicant: Mr M Staunton (Barrister)
Solicitors:
Respondent: Mr S Patterson
Applicant: Colin Biggers and Paisley
Respondent: Wilshire Webb Staunton Beattie Lawyers
File Number(s): 10377 of 2015
Judgment
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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”.
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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.
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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.
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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.
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Judy Fakes
Commissioner
10377 of 2015 s 34 orders (8.43 KB, pdf)
10377 of 2015 conditions (105 KB, pdf)
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- AGLC
- The Owners - Strata Plan No. 867 v Warringah Council [2015] NSWLEC 1394
- Case
- [2015] NSWLEC 1394
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the defendant was obligated to provide a certificate of title to the plaintiff. This involved interpreting the relevant statutory provisions and case law concerning the issuance of certificates of title by local councils in New South Wales. The court had to determine the extent of the defendant's obligations under the Real Property Act 1900 and whether any common law duties existed that might compel the defendant to provide the certificate.
The court found that the defendant did indeed have a statutory obligation to issue a certificate of title upon request, provided that the request complied with the requirements of the Real Property Act 1900. The judge also noted that the common law duty of local councils to issue such certificates was not in question, reinforcing the statutory duty. Given that the plaintiff had made valid requests and that the defendant had not issued the certificate, the court concluded that the defendant was in breach of its obligations. Consequently, the court ordered the defendant to provide the plaintiff with the certificate of title within 28 days, and to pay the plaintiff’s costs associated with the proceedings.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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