Argus v North Sydney Council
[2018] NSWLEC 1323
•27 June 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Argus v North Sydney Council [2018] NSWLEC 1323 Hearing dates: Conciliation conference on 12 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Class 3 Before: Gray C Decision: See [5] below
Catchwords: APPEAL – compensation for compulsory acquisition - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Angelos Argus (First Applicant)
Vasiliki Koula Argus (Second Applicant)
North Sydney Council (Respondent)Representation: Solicitors:
P Meisner, Diamond Conway Lawyers (Applicants)
M Peatman, Hunt & Hunt Lawyers (Respondent)
File Number(s): 2018/49523 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal by Angelos Argus and Vasiliki Koula Argus against the amount of compensation determined by the Valuer-General in its determination dated 22 November 2017.
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld;
Compensation is determined in the sum of $6,130,000 in full and final settlement of all claims pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 including costs and statutory interest;
The Court notes that on or about 30 October 2017 the sum of $200,000, and on 16 March 2018 the sums of $5,203,454.82 and $866.41 were paid to the Applicants by the Respondent in part payment of the compensation and interest, leaving the balance of $725,678.77 ($6,130,000 - $5,404,321.23) to be paid on or before 10 July 2018.
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Joanne Gray
Commissioner of the Court
Decision last updated: 02 July 2018
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