Touma v Canterbury Bankstown Council

Case •

[2017] NSWLEC 1455

•

22 August 2017

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Touma v Canterbury Bankstown Council [2017] NSWLEC 1455
Hearing dates: Conciliation conference on 11 August 2017
Date of orders: 22 August 2017
Decision date: 22 August 2017
Jurisdiction:Class 1
Before: O’Neill C
Decision:

See (4) below

Catchwords: DEVELOPMENT APPLICATIONS: conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category:Principal judgment
Parties: John Joseph Touma (Applicant)
Canterbury Bankstown Council (Respondent)
Representation:

Counsel:
Mr M. Staunton barrister (Applicant)
Mr C. Zoppo solicitor (Respondent)

  Solicitors:
Lionheart Lawyers (Applicant)
Lindsay Taylor Lawyers (Respondent)
File Number(s): 2017/109951

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 under s34(3) of the Land and Environment Court Act 1979 are:

  1. The appeal is upheld.

  2. Development Application 43/2017 for the erection of a two storey detached dwelling at 82 Floss Street, Hurlstone Park, is approved, subject to the conditions set out in Annexure A.

…………….

Commissioner O’Neill

109951.17 O'Neill (C) (151 KB, pdf)

Decision last updated: 22 August 2017

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