Agri Wealth Management Pty Limited v Queanbeyan-Palerang Regional Council

[2024] NSWLEC 1733

Land and Environment Court

New South Wales

Medium Neutral Citation:

Agri Wealth Management Pty Limited v Queanbeyan-Palerang Regional Council [2024] NSWLEC 1733

Hearing dates:

Conciliation Conference on 18 October 2024

Date of orders:

15 November 2024

Decision date:

15 November 2024

Jurisdiction:

Class 3

Before:

Kempthorne AC

Decision:

The Court orders:

(1) The Applicant’s objection to the Compensation Notice dated 20 March 2024 issued by the Respondent to the Applicant in respect of the acquisition by the Respondent of the Applicant’s land identified as Lots 107-111 in DP 1270300 being part of the land comprised in folios 126/755932, 127/755932 and 147/755932 (Applicant’s Land) is upheld.

(2) The amount of compensation payable to the Applicant by the Respondent for the acquisition of the Applicant’s Land is determined to be $170,000.

(3) The Court notes that the parties have agreed that each party is pay its own costs of the proceedings.

Catchwords:

COMPULSORY ACQUISITION – objection to the amount of compensation offered by the respondent – conciliation conference – agreement between the parties – orders

Legislation Cited:

Land and Environment Court Act 1979, s 34

Land Acquisition (Just Terms Compensation) Act 1991, ss 55, 56, 59, 66

Category:

Principal judgment

Parties:

Agri Wealth Management Act Pty Limited (Applicant)
Queanbeyan-Palerang Regional Council (Respondent)

Representation:

Counsel:
J Ireland KC (Applicant)
M Carpenter (Respondent)

Solicitor:
McGirr and Associates (Applicant)
Moray & Agnew (Respondent)

File Number(s):

2024/222496

Publication restriction:

Nil

Judgment

1. COMMISSIONER: These Class 3 proceedings comprise an objection by Agri Wealth Management Pty Limited (the Applicant) to an offer of compensation arising from the compulsory acquisition by Queanbeyan-Palerang Regional Council (the Respondent) of Lots 107-111 in Deposited Plan 1270300 being part of the land known in Folio Identifiers 126/755932, 127/755932 and 146/7755932 known as 252 Cookanulla Road, Durran Durra NSW 2622 pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).

Jurisdiction Pre-requisites

2. The Valuer General of NSW (VG) on behalf of the Respondent assessed the total amount of compensation for the acquisition at $64,000.

3. The Applicant’s original claim filed in the Court set out the amounts of compensation as below:

Sections 55(a) and 56 Market Value of Lots 107-111

   $201,148

Section 55(b) Special Value

   $103,454

Section 58 Severance

   $11,560

Section 59(1)(a) Legal Fees

   $20,000

Section 59(1)(b) Valuation Fees

   $10,000

Total

   $346,162

4. The Applicant’s Statement of Facts and Contentions filed in the Court set out the amounts of compensation as follows:

Market Value not less than

   $150,000

Disturbance and Special Value

   $65,000

Total

   $215,000

5. The Respondent’s Contentions on Determination of Compensation filed in the Court set out the amount of compensation as $64,000.

6. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties on 18 October 2024.

7. I presided over the conciliation conference.

Section 34 Agreement

8. During the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

9. The terms of the decision reached by the parties are that:

1. The Applicant’s objection to the Compensation Notice dated 20 March 2024 issued by the Respondent to the Applicant in respect of the acquisition by the Respondent of the Applicant’s land identified as Lots 107-111 in DP 1270300 being part of the land comprises in folios 126/755932, 127/55932 and 146/755932 (Applicant’s Land) is upheld.

2. The amount of compensation payable to the Applicant by the Respondent for the acquisition of the Applicant’s Land is determined to be $170,000.

3. The Court notes that the parties have agreed that each party is to pay its own costs of the proceedings.

10. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the decision of the parties if it is a decision that the Court could have made in the proper exercise of its functions. The decision of the parties involves the Court exercising the functions pursuant to ss 66(1) and 66(2) of the Just Terms Act to hear and dispose of the Applicant’s claim for compensation.

11. I am satisfied that the decision of the parties is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

12. As the decision of the parties is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with that decision.

Orders

13. The Court orders:

1. The Applicant’s objection to the Compensation Notice dated 20 March issued by the Respondent to the Applicant in respect of the acquisition by the Respondent of the Applicant’s land identified as Lots 107-111 in DP 1270300 being part of the land comprised in folios 126/755932, 127/755932 and 146/755932 (Applicant’s Land) is upheld.

2. The amount of compensation payable to the Applicant by the Respondent for the acquisition of the Applicant’s Land is determined to be $170,000.

3. The Court notes that the parties have agreed that each party is to pay its own costs of the proceedings.

P Kempthorne

Acting Commissioner of the Court

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