Argus v North Sydney Council

[2018] NSWLEC 1323

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

1. 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.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld;

2. 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;

3. 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.

……………………….

Joanne Gray

Commissioner of the Court