Huseyin v Roads and Maritime Services

[2016] NSWLEC 1540

Land and Environment Court

New South Wales

Medium Neutral Citation:	Huseyin & anor v Roads and Maritime Services [2016] NSWLEC 1540
Hearing dates:	Conciliation conference on 5 October 2016
Date of orders:	14 November 2016
Decision date:	05 October 2016
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	See (4) below
Catchwords:	COMPENSATION: Compulsory acquisition
Legislation Cited:	Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Mustafa Huseyin (First Applicant) Melike Huseyin (Second Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: Ms Pearman (Applicant) Ms McKelvey (Respondent) Solicitors: Mr Azzopardi, McAuley Hawach Lawyers (Applicant) Ms Kalarostaghi, Hunt & Hunt (Respondent)
File Number(s):	2016/00154135
Publication restriction:	No

Judgment

1. ACTING 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, 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 is determined in the sum of $356,969.75, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 118 in Deposited Plan 1207777, being part of the land in Certificate of Title 8/H/193074 being known as 47 South Street, Schofields.

2. The Applicants are to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment issued by the Respondent within 28 days of the final 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 moneys paid.

4. The Respondent has agreed to pay the Applicants' reasonable costs as agreed or assessed subject to the production of invoices and receipts.

5. Statutory interest pursuant to ss 49 and 50 of the Act is payable on the remainder of the compensation.

…………….

David Parker

Acting Commissioner