Vitiello v Leichhardt Municipal Council
[2015] NSWLEC 1366
•16 June 2015
Land and Environment Court
New South Wales
Medium Neutral Citation: Vitiello v Leichhardt Municipal Council [2015] NSWLEC 1366 Hearing dates: Conciliation conference Date of orders: 16 June 2015 Decision date: 16 June 2015 Jurisdiction: Class 1 Before: Tuor 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: Giovanni Vitiello (Applicant)
Leichhardt Municipal Council (Respondent)Representation: Counsel:
Solicitors:
Ms J Reid (Applicant)
Maurice Marshan Lawyer (Applicant)
Mark Bonanno of Leichhardt Municipal Council (Respondent)
File Number(s): 11102 of 2014
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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Annelise Tuor
Commissioner of the Court
11102 of 2014 Tuor (O) (8.24 KB, pdf)
11102 of 2014 Tuor (C) (162 KB, pdf)
Decision last updated: 09 September 2015
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