Watsford v Morrison & anor [2015] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: Watsford v Morrison & anor [2015] NSWLEC 1054 Hearing dates: Conciliation conference on 27 January 2015 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Class 2 Before: 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 judgment Parties: 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 2014

Judgment 1. 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". 2. 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. 3. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement were made on the date recorded on those orders, a copy of which can be accessed through the link below. Judy Fakes Commissioner of the Court 20859 of 2014 s 34 order (42.0 KB, doc)