Noubia Pty Ltd v Coffs Harbour City Council [2016] NSWLEC 1375

Land and Environment Court New South Wales

Medium Neutral Citation: Noubia Pty Ltd v Coffs Harbour City Council [2016] NSWLEC 1375 Hearing dates: Conciliation conference on 12 & 27 May, 2 & 17 August 2016 Date of orders: 30 August 2016 Decision date: 30 August 2016 Jurisdiction: Class 1 Before: Morris C Decision: See (4) below Catchwords: RELEASE OF SUBDIVISION CERTIFICATE; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Noubia Pty Ltd (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: Ms J McElvey (Applicant)

Solicitors: Ms J Wauchope Gadens(Applicant) Mr S Patterson Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 152638/2016 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. The Court notes the contents of the Deed of Agreement between the Parties executed in counterparts on 23 August 2016 annexed hereto and marked "A" (Deed of Agreement), being an agreement between the Applicant and the Council as to the payment by the applicant to the Council of the cost of carrying out work, when the work will be completed by the Council and payment to Council of security for works. 3. The Respondent is to issue a Subdivision Certificate authorising the registration of the Plan of Subdivision of Lot 164 in DP 1170833 under DA575/03 under Division 3 of Part 23 of the Conveyancing Act 1919 as set out in Clause 2.6 of the Deed of Agreement. 4. The Court notes that each party is to pay its own costs in the proceedings. ……………. Sue Morris Commissioner 152638.2016 Morris - Annexure A Deed of Agreement (2.96 MB, 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: 31 August 2016