Expec Pty Ltd t/as the Republic Hotel v City of Sydney Council

Land and Environment Court New South Wales Case Name:  Expec Pty Ltd t/as The Republic Hotel v City of Sydney Council Medium Neutral Citation:  [2015] NSWLEC 1106 Hearing Date(s):  Conciliation conference on 2 March 2015 Date of Orders: 16 April 2015 Decision Date:  16 April 2015 Jurisdiction:  Class 1 Before:  Morris C Decision:  See (4) below Catchwords:  DEVELOPMENT APPLICATION: alterations to an approved mixed use development; conciliation conference; agreement between the parties; orders Legislation Cited:  Land and Environment Court Act 1979 Category:  Principal judgment Parties:  EXPEC PTY LTD t/a The Republic Hotel (Applicant) CITY OF SYDNEY COUNCIL (Respondent) Representation:  Counsel: Christopher Drury (Applicant) Jessica Wood (Respondent) Solicitors: Sparke Helmore (Applicant) City of Sydney Council(Respondent) File Number(s):  11082 of 2014 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)). The orders made to give effect to the agreement constitute...