Watsford v Morrison

Land and Environment Court New South Wales Medium Neutral Citation: Watsford v Morrison & anor [2015] NSWLEC 1054 Hearing dates:Conciliation conference on 27 January 2015Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction:Class 2Before: Fakes C Decision: See (4) below Catchwords: TREES [NEIGHBOURS] Damage to property; conciliation conference; agreement between parties Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Georgina Watsford (Applicant) Mark Morrison (First Respondent) Manly Council (Second Respondent) Representation: Counsel: Mr P Kerr, solicitor (Applicant) Ms L Finn, solicitor (First Respondent) Ms K Stevenson, solicitor (Second Respondent) Solicitors: P.J. Kerr & Co (Applicant) Hones La Hood (First Respondent) Manly Council (Second Respondent) File Number(s):20859 of 2014Judgment COMMISSIONER: In this matter, 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 that decision”. Section 34(3)(b) of the Court Act also required me to “set out in writing the terms of the decision”. The orders made to give effect to the agreement fulfil that requirement. In making the orders...