Brocore Investments Pty Ltd v Health Administration Corporation

[2017] NSWLEC 1408

Land and Environment Court

New South Wales

Medium Neutral Citation:	Brocore Investments Pty Ltd v Health Administration Corporation [2017] NSWLEC 1408
Hearing dates:	Conciliation conference on 6 February 2017
Date of orders:	06 February 2017
Decision date:	06 February 2017
Jurisdiction:	Class 3
Before:	Miller AC
Decision:	See (5) below
Catchwords:	RESUMPTION COMPENSATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Brocore Investments No 2 Pty Limited (First Applicant) Sharekouched Pty Limited (Second Applicant) Health Administration Corporation (Respondent)
Representation:	Solicitor: Ms J McKelvey, Macquarie Lawyers (Applicant) Mr M Steele, Herbert Smith Freehills (Respondent)
File Number(s):	2016/291490
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 Court notes that the parties or their representative have reached an agreement in a conciliation conference held on 6 February 2017 pursuant to s.34 of the Land and Environment Court Act 1979 presided over by Acting Commissioner Miller, as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions).

5. To give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979, the orders of the Court are:

1. Compensation is determined in the sum of $2,126,630.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 32 in Deposition Plan 1074996 and Lot 31 in Deposition Plan 1074996 being the whole of land at 76-78 Showground Road, Gosford;

2. The Applicants are to duly complete and deliver to the Respondent the deed of release and indemnity generally in the form enclosed with the statutory offer of compensation made by the Respondent on 4 July 2016 within 28 days of the final orders in these proceedings.

3. Payment of the amount in Order 1 (less any advance payment already made pursuant to Part 3 of the Act) will be made within 28 days of the later of the date Court issues sealed Orders or the date the respondent receives the duly executed deed of release and indemnity and directions as to payment form referred to in Order 2 above.

4. The Respondent is to pay the Applicants’ reasonable costs as agreed or assessed.

……………………….

Acting Commissioner Miller