Broadview Group Pty Ltd v Auburn City Council [2016] NSWLEC 1214

Land and Environment Court New South Wales

Medium Neutral Citation: Broadview Group Pty Ltd v Auburn City Council [2016] NSWLEC 1214 Hearing dates: Conciliation conference on 19 April 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Class 1 Before: Maston AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Broadview Group Pty Ltd (Applicant) Auburn City Council (Respondent) Representation: Ms A Cowper, Gadens (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 11051 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 Maston 11051 of 2015 Maston (s34O) (86.8 KB, pdf) 11051 of 2015 Maston_Annexure A (179 KB, pdf) 11051 of 2015 Maston_Annexure B (551 KB, pdf)