Chris Taylor, as Executor of the Estate of the Late Dorothy Helen Bullock v Transport for NSW

[2018] NSWLEC 1485

Land and Environment Court

New South Wales

Medium Neutral Citation:	Chris Taylor, as Executor of the Estate of the Late Dorothy Helen Bullock v Transport for NSW [2018] NSWLEC 1485
Hearing dates:	Conciliation conference on 13 September 2018
Date of orders:	13 September 2018
Decision date:	13 September 2018
Jurisdiction:	Class 3
Before:	Froh R
Decision:	See [4] below
Catchwords:	COMPULSORY ACQUISITION OF LAND: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Chris Taylor, as Executor of the Estate of the Late Dorothy Helen Bullock (Applicant) Transport for NSW (Respondent)
Representation:	Counsel: C Ireland (Applicant) A Hemmings (Respondent) Solicitors: Newhouse & Arnold Solicitors (Applicant) Minter Ellison (Respondent)
File Number(s):	2018/182379
Publication restriction:	No

Judgment

1. REGISTRAR: In this matter, at 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 officer, I am 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 requires me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also requires me to “set out in writing the terms of the decision” (s 34(3)(b)). These orders constitute the terms of the decision.

3. The final orders to give effect to the agreement between the parties under s 34(3) of the Court Act are:

1. Compensation to be determined in the sum of $350,000.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 202 in Deposited Plan 1224649, being part of the property known as 137 Enterprise Drive, Ourimbah.

2. The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity to be issued by the Respondent (being generally in accordance with the deed previously provided by the Respondent to the Applicant) within 28 days of sealed orders in these proceedings.

3. Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction to payment, the Respondent is to pay the compensation less any advanced compensation paid (Final Payment).

4. The Respondent is to pay statutory interest in respect of the Final Payment calculated in accordance with the Act.

5. The Respondent has agreed to pay the Applicant's costs of the proceedings in the amount of $50,000.00. There is to be no interest or GST payable on such costs.

……………………….

Sarah Froh

Registrar of the Court