Conca D'Oro Lounge Pty Ltd v Leichhardt Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Conca D'Oro Lounge Pty Ltd v Leichhardt Municipal Council [2016] NSWLEC 1028 Hearing dates:Conciliation conference on 7 September 2015Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction:Class 1Before: Dixon C Decision: See (4) below Catchwords: APPEAL – order for demolition of awning associated with an existing function centre – order revoked: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Conca D'Oro Lounge Pty Ltd (Applicant) Leichhardt Municipal Council (Respondent) Representation: Counsel: Mr Gordon Hartley (Applicant) Mr Mark Bonanno (Respondent) Solicitors: Hartley Solicitors (Applicant) Leichhardt Municipal Council (Respondent) File Number(s):10157 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...