F Terranova Investments Pty Limited v Sydney Water Corporation

[2018] NSWLEC 1373

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	F Terranova Investments Pty Limited v Sydney Water Corporation [2018] NSWLEC 1373
Hearing dates:	Conciliation conference on 16 July 2018
Date of orders:	19 July 2018
Decision date:	19 July 2018
Jurisdiction:	Class 3
Before:	Dixon SC
Decision:	See [4] below
Catchwords:	LAND VALUATION: compulsory acquisition; compensation; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Sydney Water Act 1994
Category:	Principal judgment
Parties:	F Terranova Investments Pty Limited (Applicant) Sydney Water Corporation (Respondent)
Representation:	Counsel: S Nash (Applicant) J McKelvey (Respondent) Solicitors: Allsop Glover (Applicant) Bartier Perry (Respondent)
File Number(s):	2017/384777
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Respondent is to pay the Applicant compensation for the compulsory acquisition by it on 18 August 2017 under the Sydney Water Act 1994 of:

1. Freehold land compromising Lot 1 in the plan of proposed acquisition registered as DP1231574;

2. Easement for access and services 4.5 wide denoted (A) on the plan of the proposed acquisition registered as DP1231574;

3. Easement for access and sewage, variable width denoted (B) on the plan of the proposed acquisition registered as DP1231574;

4. Easement for access and services 2 wide denoted (C) on the plan of the proposed acquisition registered as DP1231574;

in the amount of $268,785.00 under section 55 of the Land Acquisition (Just Terms Compensation) Act 1991. This amount is in full and final settlement of all claims, including with respect to costs.

2. The Applicant acknowledges receipt on 1 February 2018 of the advance payment of compensation in the amount of $173,506.50 made pursuant to section 48 of Land Acquisition (Just Terms Compensation) Act 1991.

3. The Respondent is to pay the Applicant the balance of $95,278.50 within 28 days of the date of these orders.

……………………….

Susan Dixon

Senior Commissioner of the Court

Amendments

20 July 2018 - Correction to catchwords