Austcorp Constructions Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: Austcorp Constructions Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1252 Hearing dates: Conciliation conference on 5 May 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Austcorp Constructions Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr G. Christmas (Applicant) Mr A. Hawkes (Respondent)

Solicitors: Apex Law (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10208 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 Court 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. ……………. Susan O'Neill Commissioner of the Court 10208 of 2015 O'Neill (O) (149 KB, pdf)