APPLICATION — encroachment — conciliation conference — agreement reached — encroachment to be removed
Quick Take
1Section 3(2)(c) of the Encroachment of Buildings Act 1922 (NSW) empowers the Court to order removal of an encroachment, and s 14 provides a specific power extending beyond legal costs to order payment of the costs, charges and expenses of removal itself.
2Where parties reach agreement at a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW), the Court must dispose of proceedings in accordance with that agreement provided it is a decision the Court could have made in the proper exercise of its functions, without the Court being required to undertake any merit assessment of the underlying dispute.
