Ashburner Flat Units Pty. Limited v Manly Council [2015] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Ashburner Flat Units Pty. Limited v Manly Council [2015] NSWLEC 1301 Hearing dates: Conciliation conference on 31 July 2015 Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION:; conciliation conference; agreement between the parties; orders; cease use of premises Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Ashburner Flat Units Pty. Limited (Applicant) Manly Council (Respondent) Representation: Counsel: Dr S Berverling (Applicant) Solicitors: Mr S Griffiths (Applicant) Pikes Verekers Lawyers (Respondent) File Number(s): 10473 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 Morris 10473 of 2015 3 August 2015 (73.4 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 August 2015