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13. Outcomes and orders

Resolving disputes

Strata Scheme Development proceedings are usually resolved by conciliation, mediation and adjudication at a hearing, although neutral evaluation may also be offered:

·         Conciliation

·         Mediation

·         Neutral evaluation

·         Adjudication.


Giving judgment

At the conclusion of the hearing or at a later date, the judge or commissioner hearing the matter will give judgment.  The judgment will state the decision and orders and give reasons for making the decision. The Court may also make an order that a party pay another party's costs of the proceedings.

Further information is available on:

·         Judgments and orders

·         Enforcement

·         Costs


Orders in Strata Scheme Development Proceedings

The nature and terms of the orders the Court may make are determined by the application that is the subject of the Strata Scheme Development Proceedings and the provisions of the Strata Schemes Development Act 2015 under which the application is made. It is important to check these provisions to determine what orders the Court is able to make.


Giving effect to the Court's decision

If the appeal is from a decision of a local council (a s 66 appeal) or a planning authority (a s 85 appeal), the decision of the Court in the proceedings is deemed to be the final decision of the respondent whose decision is the subject of the proceedings and is to be given effect accordingly ( s 39(5) of the Land and Environment Court Act 1979).

In all other proceedings, the Court's decision is final.


Obtaining a sealed copy of the orders

Parties can obtain sealed copies of the Court's orders either:

  • by using the Online Registry Website with an online fee payment (see the video here); or
  • by a letter in writing to the registry, identifying the case title, case number and date of the orders, accompanied by the appropriate fee.

 

Appeals against the Court's decision

A party may appeal against an order or decision of the Court in Strata Scheme Development Proceedings or on a question of law.  If the order or decision was made by a commissioner, the appeal is under s 56A of the Land and Environment Court Act 1979 to a judge of the Court.  If the order or decision was made by a judge, the appeal is under s 57 of the Land and Environment Court Act 1979 to the NSW Court of Appeal.

Further information is available on  Appeals against Land and Environment Court decisions.