Universal Property Group Pty Ltd v Blacktown City Council

Case •

[2015] NSWLEC 1422

•

09 October 2015

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2015] NSWLEC 1422
Hearing dates:Conciliation conference on 6, 9 October 2015
Date of orders: 09 October 2015
Decision date: 09 October 2015
Jurisdiction:Class 2
Before: Hussey AC
Decision:

See (4) below

Catchwords: Local Government Act: Appeal relating to s 68 application (s176 of the L.G.A.); conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Local Government Act 1993
Category:Principal judgment
Parties: Universal Property Group Pty Ltd (Applicant)
Blacktown City Council (Respondent)
Representation:

Ms Belinda Gough (Applicant)
Mr Dennis Loether (Respondent)

Solicitors:
Storey & Gough (Applicant)
Bartier Perry (Respondent)
File Number(s):20596 of 2015

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 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.

…………….

R Hussey

Acting Commissioner

20596 of 2015 Hussey (s34O) (7.13 KB, pdf)

Decision last updated: 21 October 2015

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