Sawaqed v Jim Hindmarsh and Co Pty Ltd

Land and Environment Court New South Wales Medium Neutral Citation: Sawaqed and Others v Jim Hindmarsh and Co Pty Ltd [2015] NSWLEC 1414 Hearing dates:Conciliation conference on 21 September 2015Date of orders: 21 September 2015 Decision date: 21 September 2015 Jurisdiction:Class 3Before: Maston AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Encroachment of Buildings Act 1922 Land and Environment Court Act 1979 Category:Principal judgmentParties: Branda Sawaqed (Applicant 1) Neil John Watson (Applicant 2) Jim Hindmarsh and Co Pty Limited (Respondent) Representation: Solicitor: Michael McMahon (Applicant) Bohdan Bilinsky (Respondent) Solicitors: M E McMahon and Associates (Applicant) B Bilinsky & Co (Respondent) File Number(s):30484 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...