Cornerstone Property Group Pty Ltd v The Council of the City of Sydney

Land and Environment Court New South Wales Case Name:  Cornerstone Property Group Pty Ltd v The Council of the City of Sydney Medium Neutral Citation:  [2016] NSWLEC 1394 Hearing Date(s):  Conciliation conference on 31 August, 1 & 2 September 2016 Date of Orders: 2 September 2016 Decision Date:  2 September 2016 Jurisdiction:  Class 1 Before:  Dixon 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 judgment Parties:  Cornerstone Property Group Pty Limited (Applicant) City of Sydney Council (Respondent) Representation:  Counsel: Ms H Irish (Applicant) Mr C McEwan with Mr M Staunton (Respondent) Solicitors: Ms E Flemmng, EJ Fleming Legal  (Applicant) Ms K Morrin, City of Sydney (Respondent) File Number(s):  2016/161600 Publication Restriction:  No JUDGMENTCOMMISSIONER: 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))....