Bathla Construction Pty Ltd v Blacktown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Bathla Construction Pty Ltd v Blacktown City Council [2015] NSWLEC 1421 Hearing dates:Conciliation conference on 6, 9 October 2015Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction:Class 2Before: 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 judgmentParties: Bathla Construction 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):20595 of 2015Judgment 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 agreement constitute that document. In making the orders...