Tuxworth v City of Canada Bay Council [2016] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Tuxworth v City of Canada Bay Council [2016] NSWLEC 1220 Hearing dates: Conciliation conference on 14 March 2015 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Multi level dual occupancy height, bulk/street scape, view loss, internal amendments, landscape area, excavation, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Anthony Tuxworth (Applicant) City of Canada Bay Council (Respondent) Representation: Mr G McKee, McKees Legal Solutions (Applicant) Mr S Patterson, Wlshire Webb Staunton Beattie (Respondent) File Number(s): 10098 of 2016 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. ……………. Commissioner Hussey 10098 of 2016 (s34O) (75.8 KB, pdf) 10098 of 2016 Hussey (C) (324 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: 06 June 2016