Farrell v Health Administration Corporation

[2019] NSWLEC 1567

Land and Environment Court

New South Wales

Medium Neutral Citation:	Farrell v Health Administration Corporation [2019] NSWLEC 1567
Hearing dates:	Conciliation conference on 14 October 2019
Date of orders:	22 November 2019
Decision date:	22 November 2019
Jurisdiction:	Class 3
Before:	Maston AC
Decision:	The Court orders: (1)   Compensation is determined in the sum of $3,129,267.00 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) (Compensation), for the acquisition of the whole of Lot Y in Deposited Plan 445567, being the land formally known as 4 Eurimbla Avenue, Randwick. (2)   The Applicant is to duly complete, execute and deliver to the Respondent the deed of release and indemnity, to be issued by the Respondent within 28 days of the final orders in these proceedings, with such deed to reflect these terms of agreement and provide for the subject matter of these proceedings being finalised on a full and final basis. (3)   Within 28 days of the Respondent receiving the Applicant’s duly completed and executed deed of release and indemnity, and a direction as to payment, the Respondent will pay the Applicant: (a)   the Compensation less any advance compensation paid; (b)   statutory interest in respect of the Compensation calculated in accordance with the Act; and (c)   an amount in respect of the Applicant’s costs of the proceedings as agreed between the parties during the conciliation process (with no interest payable on this amount).
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:	Ellen Elizabeth Linda Farrell (Applicant) Health Administration Corporation (Respondent)
Representation:	Counsel: C Gough (Solicitor) (Applicant) B Tronson (Respondent)   Solicitors: Storey & Gough Lawyers (Applicant) Herbert Smith Freehills (Respondent)
File Number(s):	2019/5862
Publication restriction:	No

Judgment

1. COMMISSIONER: These proceedings are an objection to an offer of compensation in the amount of $2,850,000.00 arising from the compulsory acquisition by the Respondent of the land comprised of Lot Y in DP 445567 known as 4 Eurimbla Avenue, Randwick, from the Applicant pursuant to Part 3 Division 2 of the Land and Environment Court Act 1979 (LEC Act) and Part 3 Division 4 of the LEC Act and the Land Acquisition (Just Terms Compensation) Act 1991 (the JTC Act) with the Court required to determine the amount of compensation payable by the Respondent to the Applicant being within Class 3 of the Court’s jurisdiction.

2. The Court arranged a conciliation conference under s 34(1) of the LEC Act between the parties, which was held on 14 October 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 amounts of compensation under the JTC Act arising from the compulsory acquisition:

Total compensation: $3,129,267.00

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 sum of $3,129,267.00 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) (Compensation), for the acquisition of the whole of Lot Y in Deposited Plan 445567, being the land formally known as 4 Eurimbla Avenue, Randwick.

2. The Applicant is to duly complete, execute and deliver to the Respondent the deed of release and indemnity, to be issued by the Respondent within 28 days of the final orders in these proceedings, with such deed to reflect these terms of agreement and provide for the subject matter of these proceedings being finalised on a full and final basis.

3. Within 28 days of the Respondent receiving the Applicant’s duly completed and executed deed of release and indemnity, and a direction as to payment, the Respondent will pay the Applicant:

1. the Compensation less any advance compensation paid;

2. statutory interest in respect of the Compensation calculated in accordance with the Act; and

3. an amount in respect of the Applicant’s costs of the proceedings as agreed between the parties during the conciliation process (with no interest payable on this amount).

…………………………

J Maston

Acting Commissioner of the Court

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