Molluso v Fairfield City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Molluso v Fairfield City Council [2015] NSWLEC 1528 Hearing dates:Conciliation conference on 14 September 2015Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: APPEAL: Section 121B Orders; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Joe Molluso (Applicant in proceedings 10532 of 2015) Antonio Molluso (Applicant in proceedings 10533 of 2015) Lina Molluso (Applicant in proceedings 10535 of 2015 Fairfield City Council (Respondent) Representation: Solicitors: Mr G McKee, McKees Legal Solutions (Applicants) Mr J Thompson, Ritchie & Castellan Solicitors (Respondent) File Number(s):10532 of 2015, 10533 of 2015, 10535 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...