Capital Corporation Pty Limited v Council of the City of Botany Bay

Land and Environment Court New South Wales Medium Neutral Citation: Capital Corporation Pty Limited v Council of the City of Botany Bay [2015] NSWLEC 1158 Hearing dates:Conciliation conferenceDate of orders: 18 May 2015 Decision date: 18 May 2015 Jurisdiction:Class 1Before: Tuor C 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: Capital Corporation Pty Limited (Applicant) Botany Bay City Council (Respondent) Representation: Solicitors: Mr S Simington of Lindsay Taylor Lawyers (Applicant) Mr S Shneider of Houston Dearn O‘Connor (Respondent) File Number(s):10242 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 to give effect to the agreement between the parties, I was not required to,...