Kara and Otrs v Leichardt Council

Land and Environment Court New South Wales Medium Neutral Citation: Kara and Otrs v Leichardt Council [2015] NSWLEC 1538 Hearing dates:Conciliation conference onDate of orders: 22 December 2015 Decision date: 22 December 2015 Jurisdiction:Class 1Before: Maston AC Decision: See (4) below Catchwords: ORDERS TO REMOVE UNAUTHORISED BUILDING WORK: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Errol Kara & Serap (Applicant) Leichhardt Council (Respondent) Representation: Solicitors: Mr D Baird, Marsdens Law Group (Applicant) Mr M Bananno, Leichhardt Council (Respondent) File Number(s):10448 of 2015Publication restriction:NoJudgment 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...