AKS Service City Smash Pty Ltd v Roads and Maritime Services

[2017] NSWLEC 1258

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	AKS SERVICE CITY SMASH PTY LTD v ROADS AND MARITIME SERVICES [2017] NSWLEC 1258
Hearing dates:	Conciliation conference on 2 May 2017
Date of orders:	02 May 2017
Decision date:	02 May 2017
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	See (4) below
Catchwords:	COMPULSORY ACQUISITION OF LAND: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	AKS Service City Smash Pty Ltd (First Applicant) Sydney Metro Taxis Fleet No1 Pty Ltd (Second Applicant) Innovative Holdings (Aus) Pty Ltd (Third Applicant) Roads and Maritime Services (Respondent)
Representation:	Solicitor: Mr D McGuiness, Watson Mangioni Lawyers (Applicant) Mr N Brunton, Henry Davis York (Respondent)
File Number(s):	2016/343381
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 Court notes that the parties or their representatives have reached an agreement in a conciliation conference held on 2 May 2017 pursuant to s.34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner Parker, as to the terms of a decision in the proceedings that would be acceptable to the Second Applicant, Third Applicant and Respondent (being a decision that the Court could have made in the proper exercise of its functions).

2. Compensation for the Second Applicant is determined in the sum of $20,000, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 102 in Deposited Plan 871150.

3. Compensation for the Third Applicant is determined in the sum of $20,000, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 102 in Deposited Plan 871150.

4. The Second and Third Applicants will duly complete and deliver to the Respondent the Deed of Release and Indemnity and Direction as to Payment (Forms) within 28 days of the final orders in these proceedings.

5. Within 28 days of the Respondent receiving the duly completed Forms, the Respondent is to pay to the Second Applicant the amount of compensation referred to in paragraph 4(b), less any advance payment made pursuant to section 48 of the Just Terms Act, plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act.

6. Within 28 days of the Respondent receiving the duly completed Forms, the Respondent is to pay to the Third Applicant the amount of compensation referred to in paragraph 4(c), less any advance payment made pursuant to section 48 of the Just Terms Act, plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act.

7. The Respondent has agreed to pay the Second and Third Applicants' reasonable costs of the proceedings on a party-party basis as agreed or assessed. There is to be no interest payable on costs.

……………………….

Acting Commissioner Parker

Amendments

08 June 2017 - Catchwords amended 'COMPULSORY ACQUISITION OF LAND'