Hymak Pty Ltd v Wyong Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Hymak Pty Ltd & Anor v Wyong Shire Council [2015] NSWLEC 1546 Hearing dates:Conciliation conference on 31 August, 7 October, 7 December 2015Date of orders: 21 December 2015 Decision date: 21 December 2015 Jurisdiction:Class 1Before: Adam AC Decision: See (4) below Catchwords: Subdivision: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Hymak Pty Ltd (First Applicant) Berjcorp Pty Ltd (Second Applicant) Wyong Shire Council (Respondent) Representation: Mr P. J. Donellan and Mr R. Byrd (Applicants) Mr B. R. Glendenning (Respondent) Solicitors: P J Donnellan & Co. (Applicant) Wyong Shire Council (Respondent) File Number(s):10538 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...