MKTK Pty Limited v Cater [2022] NSWLEC 1344

Land and Environment Court New South Wales

Medium Neutral Citation: MKTK Pty Limited v Cater [2022] NSWLEC 1344 Hearing dates: Conciliation conference on 22 June 2022 Date of orders: 1 July 2022 Decision date: 01 July 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: See orders at [13] below. Catchwords: NOISE ORDERS – appeal from Local Court Orders – noise emanating from hotel beer garden - conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 17, 34, 39 Liquor Act 2007, ss 40, 60 Protection of the Environment Operations Act 1997, ss 268, 272, 290, 292 Category: Principal judgment Parties: MKTK Pty Limited (First Applicant) Tracy Keegan (Second Applicant) Rainnie Cater (Respondent) Representation: Counsel: J Smith (Applicant) C Rose (Solicitor) (Respondent)

Solicitors: JDK Legal (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2022/58430 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against noise abatement Orders (Local Court Orders) made on 11 February 2022 by Magistrate Olischager in the Local Court of NSW in proceedings No 2020/00056824-001 (Local Court proceedings): 1. The appeal is brought pursuant to s 290 of the Protection of the Environment Operations Act 1997 (POEO Act). 2. The proceedings fall within Class 1 of the Court's jurisdiction pursuant to s 17(a) of the Land and Environment Court Act 1979 (LEC Act). 3. The statutory powers or functions to be exercised in determining the proceedings are s 292 of the POEO Act and ss 34(3) and 39(2) of the LEC Act. 4. The nature and details of the application is an appeal to vary and revoke the Local Court Orders being noise abatement orders for offensive noise in relation to the business and premises known as the Gladstone Hotel at 36 Mitchell Street, Stockton NSW. 1. The Court arranged a conciliation conference under s 34(1) of the LEC Act between the parties, which was held on 22 June 2022. I presided over the conciliation conference.