Norman v Strathfield Council and Anor [2015] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Norman v Strathfield Council and Anor [2015] NSWLEC 1184 Hearing dates: Conciliation conference on 15 April 2015 Date of orders: 26 May 2015 Decision date: 26 May 2015 Jurisdiction: Class 1 Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: subdivision; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Matthew Norman (Applicant) Strathfield Municipal Council (First Respondent) Bruce Begnell (Second Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Ms N Hammond (Second Respondent) Solicitors: Penelope Murray, DibbsBarkers Lawyers (Applicant) Steven Shneider, Houston Dearn O'Connor (First Respondent) Annette van Gent, Marrickville Legal Centre (Second Respondent) File Number(s): 10063 of 2015

Judgment 1. 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". 2. 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. 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 those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. ……………. Commissioner Pearson 10063 of 2015 26_5_2015 (O) (17.4 KB, pdf)