Apex Development and Investment Group Pty Ltd v Canterbury City Council

Land and Environment Court New South Wales Medium Neutral Citation: Apex Development & Investment Group Pty Ltd v Canterbury City Council [2015] NSWLEC 1448 Hearing dates:Conciliation conference on 7 October 2015Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing improvements and the construction of affordable housing development in the form of a residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Apex Development & Investment Group Pty Ltd (Applicant) Canterbury City Council (Respondent) Representation: Solicitors: Mr S. Song, Doyles Construction Lawyers (Applicant) Mr P Jackson, Pikes & Verekers (Respondent) File Number(s):10335 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...