Alexandra Moshonis v Roads and Maritime Services

[2017] NSWLEC 1678

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alexandra Moshonis v Roads and Maritime Services [2017] NSWLEC 1678
Hearing dates:	Conciliation conference on 21 July 2017
Date of orders:	21 July 2017
Decision date:	21 July 2017
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	See (4) below
Catchwords:	COMPULSORY ACQUISITION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Alexandra Moshonis (Applicant) Roads and Maritime Services (Respondent)
Representation:	Solicitors: Mr I Julius, Duffy Law Group (Applicant) Mr D Webster, Herbert Smith Freehills (Respondent)
File Number(s):	2017/145516
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. Compensation is determined in the sum of $305,013 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 124 in Deposited Plan 1224905, being part of the land known as 1982 - 1988 The Northern Road, Orchard Hills.

2. The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment issued by the Respondent within 28 days of the final orders in these proceedings.

3. Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction to payment the Respondent is to pay the compensation less any advanced moneys paid.

4. The Respondent has agreed to pay the Applicant’s reasonable costs as agreed or assessed subject to the production of invoices and receipts. There is to be no interest payable on costs.

Notations:

Statutory interest pursuant to ss 49 and 50 of the Act is payable on the remainder of compensation.

The Respondent will prepare a draft Property Adjustment Plan (PAP) which shows the replacement of existing plantings with an equivalent number of replacement plantings, of a similar height and nature (Vegetation Works). The Respondent will produce the PAP to the Applicant and, acting reasonably, take into account any comments made by the Applicant within 28 days, before finalising the PAP and undertaking the Vegetation Works.

……………………….

Acting Commissioner Parker