Georges v North Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Georges v North Sydney Council [2015] NSWLEC 1383 Hearing dates:Conciliation conference on 29 July, 12, 14 August 2015Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: Section 121ZK Emergency Order: Unauthorised structural works; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Adam Elias Arne Georges (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr P Rigg (Applicant) Mr M Pearce (Respondent) Solicitors: North Sydney Council (Respondent) File Number(s):10477 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 orders to give effect to the agreement between the parties, I was not required...