McIntyre & Anor v Ku-ring-gai Council [2015] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: McIntyre & Anor v Ku-ring-gai Council [2015] NSWLEC 1491 Hearing dates: Conciliation conference on 10, 18, 20 & 24 November 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Class 2 Before: Hussey AC Decision: See (4) below Catchwords: Section 124 Orders; Tennis court lights, conciliation conference; Order revoked Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 Land and Environment Court Act 1979 Category: Principal judgment Parties: John Keith McIntyre (Applicant 1) Susan Clare McIntyre (Applicant 2) Ku-ring-gai Municipal Council (Respondent) Representation: Mr S Gates (Applicant) Mr J Hones (Respondent) Solicitors: Gates Simon (Applicant) Hones Lawyers (Respondent) File Number(s): 20643 of 2015 Publication restriction: No

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. ……………. Acting Commissioner Hussey 20643 of 2015 Hussey (s34O) (11.4 KB, pdf) 20643 of 2015 Hussey_agreement (330 KB, pdf)