Viktorija Demian v Willoughby City Council

[2017] NSWLEC 1292

Land and Environment Court

New South Wales

Medium Neutral Citation:	Viktorija Demian v Willoughby City Council [2017] NSWLEC 1292
Hearing dates:	Conciliation conference on 9 May, 1 & 7 June 2017
Date of orders:	07 June 2017
Decision date:	07 June 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	APPEAL – s121B order - conciliation conference -agreement between the parties – order varied
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Victorija Demian (Applicant) Willoughby City Council (Respondent)
Representation:	Solicitor: A Whealy, Mills Oakley (Applicant) T Messenger, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/374203
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. Pursuant to section 121ZK(4) of the Environmental Planning and Assessment Act 1979 the Court substitutes the Order No.2 and 15 issued on 24 November 2016 pursuant to section 121B of that Act in relation to 20 Weemala Road, Northbridge, with the Order No. 12 and 15 contained at Annexure A.

……………………….

Joanne Gray

Commissioner of the Court

374203.16 Gray (C) (1.60 MB, pdf)