Brewster Murray v Ku-ring-gai Council

Land and Environment Court New South Wales Case Name:  Brewster Murray v Ku-ring-gai Council Medium Neutral Citation:  [2015] NSWLEC 1331 Hearing Date(s):  Conciliation conference 10 July 2015 Date of Orders: 24 July 2015 Decision Date:  24 July 2015 Jurisdiction:  Class 1 Before:  Tuor C Decision:  See (4) below Catchwords:  DEVELOPMENT CONSENT - conciliation conference; agreement between the parties; orders Legislation Cited:  Land and Environment Court Act 1979 Category:  Principal judgment Parties:  Brewster Murray (Applicant) Ku-ring-gai Council (Respondent) Representation:  Solicitors: Ms P Murray of DibbsBarker (Applicant) Mr A Hudson of Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):  10388 of 2015 JUDGMENTCOMMISSIONER: 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 to give effect to the agreement between the parties, I was not required to,...