Construction Technologies Australia Pty Ltd v Blacktown City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Construction Technologies Australia Pty Ltd v Blacktown City Council [2016] NSWLEC 1301 Hearing dates:Conciliation conference on 27 April, 3, 24 June, 15 July 2016Date of orders: 15 July 2016 Decision date: 15 July 2016 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: Modification application; deletion of car spaces, structural adequacy of slab following modification to allow machinery installation; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Construction Technologies Australia Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: Mr S. D'Emilio, Fong D'Emilio Lawyers Pty Ltd (Applicant) Mr A. Seton, Ms P. Hudson, Marsdens Law Group (Respondent) File Number(s):159535 of 2016Publication 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...