Boughton v Hawkesbury City Council

[2024] NSWLEC 1337

Land and Environment Court

New South Wales

Medium Neutral Citation:

Boughton V Hawkesbury City Council [2024] NSWLEC 1337

Hearing dates:

Conciliation Conference on 27 May 2024

Date of orders:

19 June 2024

Decision date:

19 June 2024

Jurisdiction:

Class 3

Before:

Knight AC

Decision:

The Court orders that:

(1)   The appeal is upheld.

(2)   In compensation for the compulsory acquisition by the Respondent on 2 June 2023 of Lot 621 in DP 1270744, Lot 622 in DP 1270744 and Lot 624 in DP 1270744 at Mountain Lagoon NSW 2758 the Respondent will pay the Applicants:

(a) $164,663.00 in market value pursuant to ss 55(a) and 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).

(b) $10,337.00 for legal costs and valuation fees pursuant to ss 55(d) and 59 of the Act.

(3)   The Respondent is to pay the Applicants the amount of compensation referred to in Order 2, less the advance payment already paid to the Applicants, within 28 days of the date of these orders.

Catchwords:

COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Land Acquisition (Just Terms Compensation) Act 1991, ss 43, 55, 56, 59, 66 Land and Environment Court Act 1979, s 34

Category:

Principal judgment

Parties:

Bede Boughton (First Applicant)
Brionna Boughton (Second Applicant)
Anuna Boughton (Third Applicant)
Hawkesbury City Council (Respondent)

Representation:

Counsel:
A Gough (Applicant)
R McCulloch (Respondent)

Solicitors:
Storey & Gough Lawyers (Applicant)
Pikes & Verekers Lawyers (Respondent)

File Number(s):

2023/00327628

Publication restriction:

No

JUDGMENT

1. Commissioner: The proceedings comprise an objection to an offer of compensation arising from the compulsory acquisition by the Respondent of Lots 621, 622 and 624 in Deposited Plan 1270744 being part of the land formerly comprised in Lot 61 DP 700643 and Lot 62 DP 700643 at 39 Sams Way, Mountain Lagoon, New South Wales from the Applicants under s 43(d) of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), with the Court required to determine the amount of compensation payable by the Respondent to the Applicant being within Class 3 of the Court’s jurisdiction.

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 27 May 2024. I presided over the conciliation conference.

3. At the conciliation conference the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Respondent agreeing to pay the Applicant compensation in the amount of $164,663.00 in market value pursuant to ss 55(a) and 56 of the Just Terms Act and $10,337.00 for legal costs and valuation fees pursuant to ss 55(d) and 59 of the Act.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under subss 66(1) and (2) of the Just Terms Act to hear and dispose of the Applicants’ claim for compensation.

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

6. As the parties’ decision 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 the parties’ decision.

7. The Court notes that the parties have agreed that each party is to bear its own costs of these proceedings.

8. The Court orders that:

1. The appeal is upheld.

2. In compensation for the compulsory acquisition by the Respondent on 2 June 2023 of Lot 621 in DP 1270744, Lot 622 in DP 1270744 and Lot 624 in DP 1270744 at Mountain Lagoon NSW 2758 the Respondent will pay the Applicants:

1. $164,663.00 in market value pursuant to ss 55(a) and 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).

2. $10,337.00 for legal costs and valuation fees pursuant to ss 55(d) and 59 of the Act.

3. The Respondent is to pay the Applicants the amount of compensation referred to in Order 2, less the advance payment already paid to the Applicants, within 28 days of the date of these orders.

P Knight

Acting Commissioner of the Court

**********

Decision last updated: 19 June 2024