Towzell v Waverley Council
[2015] NSWLEC 1511
•7 December 2015
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New South Wales |
Case Name: | Towzell v Waverley Council |
Medium Neutral Citation: | [2015] NSWLEC 1511 |
Hearing Date(s): | Conciliation conference on 3 December 2015 |
Date of Orders: | 7 December 2015 |
Decision Date: | 7 December 2015 |
Jurisdiction: | Class 1 |
Before: | Morris C |
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: | Edwina Towzell (Applicant) |
Representation: | Solicitors: |
File Number(s): | 10882 of 2015 |
Publication Restriction: | No |
JUDGMENT
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”.
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.
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.
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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Commissioner Morris
10882 of 2015 7 December 2015 (215 KB, pdf) of 2015 Morris (C1) (219 KB, pdf) of 2015 Morris (C2) (361 KB, pdf) of 2015 Morris_Final Approved Plans (1.10 MB, pdf)
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