Canberra Estates Consortium No 42 Pty Ltd v Rockdale City Council

Land and Environment Court New South Wales Medium Neutral Citation: Canberra Estates Consortium No 42 Pty Ltd v Rockdale City Council [2016] NSWLEC 1243 Hearing dates:Conciliation conference on 14 June 2016Date of orders: 15 June 2016 Decision date: 15 June 2016 Jurisdiction:Class 1Before: Smithson AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Canberra Estates Consortium No 42 Pty Ltd (Applicant) Rockdale City Council (Respondent) Representation: Counsel: Ms Sandra Duggan (Applicant) Solicitors: Ms Isabella Ferguson, Gadens (Applicant) Mr John Cole, HWL Ebsworth Lawyers (Respondent) File Number(s):2016/00152962Publication restriction:NoJudgment ACTING 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 to give effect to the agreement between the...