Samadi v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Samadi v Council of the City of Sydney [2016] NSWLEC 1038 Hearing dates:Conciliation conference on 3 February 2016Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction:Class 1Before: Dixon C Decision: See (4) below Catchwords: APPEAL – change of use of top levels of a residential building to a hotel and bar and other building works: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Ash Samadi (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Michael Staunton (Applicant) Angela Pearman (Respondent) Solicitors: Hartley Solicitors (Applicant) Council of the City of Sydney (Respondent) File Number(s):10870 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...