Graham William Parkinson v Roads and Maritime Services

[2017] NSWLEC 1243

Land and Environment Court

New South Wales

Medium Neutral Citation:	Graham William Parkinson v ROADS AND MARITIME SERVICES [2017] NSWLEC 1243
Hearing dates:	Conciliation conference on 15 May 2015
Date of orders:	17 May 2017
Decision date:	17 May 2017
Jurisdiction:	Class 3
Before:	Maston AC
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:	Graham William Parkinson (Applicant) Tracey Lee Parkinson (Second Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: Mr A Hourigan (Applicant) Ms B Tronson (Respondent) Solicitor: Mr D Wilson, Wilsons Solicitors (First & Second Applicant) Ms L Camenzuli, Corrs Chambers Westgarth (Respondent)
File Number(s):	2016/365693
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. Compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) for the compulsory acquisition on 5 August 2016 of the applicants’ interest in Lot 12 in DP1216202 (known as part of 1430 The Northern Road, Bringelly NSW) is determined in the sum of $300,969.

2. Within 28 days of the later of either the date the Court issues sealed Consent Orders or the date the respondent receives a duly executed deed of release and indemnity and direction as to payment form, the respondent must pay to the applicants the amount of compensation referred to in Order (1), less any advance payment made to the applicants pursuant to section 48 of the Just Terms Act, plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act.

3. The respondent is to pay the applicants’ costs of the proceedings on a party-party basis as agreed or assessed.

……………………….

Acting Commissioner Maston