Cannchar Pty Ltd v Queanbeyan-Palerang Regional Council

[2018] NSWLEC 1234

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cannchar Pty Ltd v Queanbeyan-Palerang Regional Council [2018] NSWLEC 1234
Hearing dates:	Conciliation conference on 16 May 2018
Date of orders:	17 May 2018
Decision date:	17 May 2018
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	See [4] below
Catchwords:	COMPULSORY ACQUISITIONS: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Land Acquisition (Just Terms Compensation) Act 1991
Category:	Principal judgment
Parties:	Cannchar Pty Ltd (Applicant) Queanbeyan-Palerang Regional Council (Respondent)
Representation:	Solicitors: M Causer, King Wood & Mallesons (Applicant) M Bridger, Elringtons Solicitors (Respondent)
File Number(s):	2017/95486
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. The Appeal is upheld.

2. In full and final settlement of these proceedings, the parties agree that the Respondent pay the Applicant $1 million dollars inclusive of all compensation payable under the Land Acquisition (Just Terms Compensation) Act 1991 (including statutory interest) for the Respondent’s acquisition of Lots 69 – 88 DP15764, Lots 184-197 DP15764, and Lots 225 – 229 DP15764 from the Applicant and costs of the proceedings.

3. Further to 4(2), the Respondent is to pay to the Applicant, within 28 days of the date of this agreement, by way of electronic funds transfer (or other payment method agreed between the parties), the amount of $724,400.42 being the difference between monies paid to the Applicant by the Council to date under s68(2)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 and the agreed settlement amount of $1 million.

……………………….

Acting Commissioner Parker