Corigliano v Liverpool City Council

[2019] NSWLEC 1378

Land and Environment Court

New South Wales

Medium Neutral Citation:	Corigliano v Liverpool City Council [2019] NSWLEC 1378
Hearing dates:	Conciliation conference on 7 August 2019
Date of orders:	13 August 2019
Decision date:	13 August 2019
Jurisdiction:	Class 3
Before:	Maston AC
Decision:	The Court orders: (1) Compensation is determined in the total sum of $3,950,000.00 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (“the Act”), for the acquisition of the Applicant’s interest in the whole of the land known as Lot 1 in Deposited Plan 1228502 located at 10 Croatia Avenue, Edmondson Park. (2)   The Applicant is to duly complete and deliver to the Respondent the Deed of Release and Indemnity generally in the same form as that enclosed with the statutory offer of compensation made by the Respondent on 6 August 2018 within 28 days of the final orders in these proceedings. (3) Payment of the amount in Order (1) above (less any advance payment already made pursuant to Part 3 of the Act) will be made within 28 days of the date the Respondent received the duly executed Deed of Release and Indemnity. (4)   The Respondent is to pay the Applicant’s costs of these proceedings on a party/party basis as agreed or assessed. There is to be no interest payable on costs.
Catchwords:	COMPULSORY ACQUISITION – 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:	Carmela Corigliano (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: J McKelvey (Respondent)   Solicitors: A Johnson, Albert A Macri & Co (Applicant) Marsdens Law Group (Respondent)
File Number(s):	2018/340296
Publication restriction:	No

Judgment

1. COMMISSIONER: These proceedings are an objection to an offer of compensation in the amount of $3,564,850 made by the Respondent to the Applicant arising from the compulsory acquisition by the Respondent of the whole of the land of the Applicant comprised in Lot 1 DP 1228502 located at 10 Croatia Avenue, Edmondson Park made pursuant to s 66(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (JTC Act).

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 7 August 2019. 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 to the Applicant the following amount of compensation under the JTC Act arising from the compulsory acquisition:

Total compensation: $ 3,950,000.00

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 s 66(2) of the JTC Act to hear and dispose of the Applicant’s claim for compensation.

5. I am satisfied that the parties’ decision is one that 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 orders:

1. Compensation is determined in the total sum of $3,950,000.00 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (“the Act”), for the acquisition of the Applicant’s interest in the whole of the land known as Lot 1 in Deposited Plan 1228502 located at 10 Croatia Avenue, Edmondson Park.

2. The Applicant is to duly complete and deliver to the Respondent the Deed of Release and Indemnity generally in the same form as that enclosed with the statutory offer of compensation made by the Respondent on 6 August 2018 within 28 days of the final orders in these proceedings.

3. Payment of the amount in Order (1) above (less any advance payment already made pursuant to Part 3 of the Act) will be made within 28 days of the date the Respondent received the duly executed Deed of Release and Indemnity.

4. The Respondent is to pay the Applicant’s costs of these proceedings on a party/party basis as agreed or assessed. There is to be no interest payable on costs.

Notations

8. The Court notes that:

1. Save for the costs payable in Order (4) above the sum of $3,208,365.00 has already been paid to the Applicant leaving $741,635.00 remainder (“the Remainder”) to be paid; and

2. Statutory interest pursuant to ss 49 and 50 of the Act is payable on the total amount of compensation from the date of acquisition to the date of payment of $3,208,365.00 and thereafter on the Remainder.

………………………

J Maston

Acting Commissioner of the Court

**********