Castle Constructions Pty Ltd v Willoughby Council

Land and Environment Court New South Wales Medium Neutral Citation: Castle Constructions Pty Ltd v Willoughby Council [2015] NSWLEC 1204 Hearing dates:Conciliation conference on 12 February, 27 March and 7 and 18 May 2015Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction:Class 1Before: Moore SC 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: Castle Constructions Pty Ltd (Applicant) Willoughby Council (Respondent) Representation: Counsel: Mr P McLachlan, solicitor (Applicant) Ms K Gerathy, solicitor (Respondent) Solicitors: McLachlan Thorpe Partners (Applicant) HWL Ebsworth (Respondent) File Number(s):11051 of 2014Judgment SENIOR 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...