Land and Environment Court New South Wales Medium Neutral Citation: Bernabe Ramos v Bayside Council [2017] NSWLEC 1018 Hearing dates: Conciliation conference on 21 December 2016 and 11 January 2017 Date of orders: 11 January 2017 Decision date: 11 January 2017 Jurisdiction: Class 2 Before: Speers 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: Solicitors: P. Tannous, The Australian Legal Practice (Applicant) S. Shneider, Houston Dearn O'Connor (Respondent) Representation: Solicitors: P. Tannous, The Australian Legal Practice (Applicant) S. Shneider, Houston Dearn O'Connor (Respondent) File Number(s): 2016/281851 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 make, 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 in the terms set out at (2) herein; 2. The Court substitutes the entire Order given by Bayside Council (formerly the Council of the City of Botany Bay) to the Applicant on 23 August 2016 (being the Order that is under appeal) with an Order 12 made pursuant to section 124 of the Local Government Act in the terms set out at annexure "A" of this agreement. ……………. Acting Commissioner Speers 281851.16 Speers AC (C) (7.23 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: 19 January 2017