Mosca Pserras Architects Pty Ltd v Council fo the City of Botany Bay

Land and Environment Court New South Wales Medium Neutral Citation: Mosca Pserras Architects Pty Ltd v Council fo the City of Botany Bay [2016] NSWLEC 1122 Hearing dates:Conciliation conference on 24 February 2016Date of orders: 05 April 2016 Decision date: 05 April 2016 Jurisdiction:Class 1Before: O’Neill C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Mosca Pserras Architects Pty Ltd (Applicant) Council of the City of Botany Bay (Respondent) Representation: Counsel: Mr V. Conomos solicitor (Applicant) Mr T. O’Connor solicitor (Respondent) Solicitors: Conomos Legal.(Applicant) Houston Dearn O’Connor (Respondent) File Number(s):11038 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...