Adrem Nominees Pty Limited v City of Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Adrem Nominees Pty Limited & Anor v City of Sydney Council [2016] NSWLEC 1127 Hearing dates:Conciliation conference on 1 December 2015Date of orders: 15 March 2016 Decision date: 15 March 2016 Jurisdiction:Class 1Before: O’Neill C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: boarding house; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Adrem Nominees Pty Ltd (Applicant 1) Jat Group Pty Limited (Applicant 2) Council of the City of Sydney (Respondent) Representation: Counsel: Mr P. Tomasetti SC (Applicant) Mr A. Singh solicitor (Respondent) Solicitors: DG Briggs & Associates (Applicant) Council of the City of Sydney (Respondent) File Number(s):10761 of 2015Publication restriction:NoJudgment 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...