Tomasy Pty Ltd v Northern Beaches Council

Land and Environment Court New South Wales Medium Neutral Citation: Tomasy Pty Ltd v Northern Beaches Council [2016] NSWLEC 1415 Hearing dates:Conciliation conference on 17 August 2016Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction:Class 1Before: Fakes C Decision: See (4) below Catchwords: BUILDING CERTIFICATE APPLICATION; Colorbond Fence; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Tomasy Pty Ltd (Applicant) Northern Beaches Council (formerly Warringah Shire Council) (Respondent) Representation: Applicant: Ms R Mozejko (Solicitor) Respondent: Mr S Patterson (Solicitor) Solicitors: McCabes Lawyers (Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):154201 of 2016Publication 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...