Investron Pty Limited v Transport for NSW

[2022] NSWLEC 1646

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Investron Pty Limited v Transport for NSW [2022] NSWLEC 1646

Hearing dates:

Conciliation conference on 19 September 2022; 31 October 2022

Date of orders:

25 November 2022

Decision date:

25 November 2022

Jurisdiction:

Class 3

Before:

Knight AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) For the purposes of section 68(1) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), compensation is determined in the sum of $1,765,218.00, pursuant to section 55 of the Just Terms Act (Compensation Amount) in respect of the compulsory acquisition on 17 September 2021 of Lot 204 DP 1265951, exclusive of any existing easements, being part of the land in Certificate of Title 9/1043041 and said to be in the possession of Investron Pty Limited (registered proprietor) located at No. 33 Waterloo Road, Macquarie Park, in the Ryde City Council Area, Parish of Hunters Hill and County of Cumberland.

(3) The respondent is to pay the applicant the Compensation Amount less any advance payment already paid plus any statutory interest pursuant to ss 49 and 50 of the Just Terms Act.

(4) The respondent shall pay the applicant’s costs of the proceedings as agreed or or assessed.

Catchwords:

COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Land Acquisition (Just Terms Compensation) Act 1991, ss 49, 50, 55, 66, 68

Land and Environment Court Act 1979, s 34

Category:

Principal judgment

Parties:

Investron Pty Limited (Applicant)
Transport for NSW (Respondent)

Representation:

Counsel:
I Hemmings SC with J Farrell (Applicant)
A Hemmings with R Coffey (Respondent)

Solicitors:
Mills Oakley (Applicant)
MinterEllison (Respondent)

File Number(s):

2022/159955

Judgment

1. These Class 3 proceedings comprise an objection made by the applicant pursuant to s 66 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) to an offer of compensation in the amount of $1,571,457.00 (Compensation) arising from the compulsory acquisition on 17 September 2021 by the respondent of Lot 204 DP 1265951 exclusive of any existing easements, being part of the land in Certificate of Title 9/1043041 and said to be in the possession of Investron Pty Limited (registered proprietor) located at No. 33 Waterloo Road, Macquarie Park, in the Ryde City Council Area, Parish of Hunters Hill and County of Cumberland.

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 19 September 2022. 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 the applicant compensation in the amount of $1,765,218.00 arising from the compulsory acquisition, plus the applicant’s costs of the proceeding, on an ordinary basis, as agreed or assessed.

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(1) and (2) of the Just Terms 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. The appeal is upheld.

2. For the purposes of section 68(1) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), compensation is determined in the sum of $1,765,218.00, pursuant to section 55 of the Just Terms Act (Compensation Amount) in respect of the compulsory acquisition on 17 September 2021 by the respondent of Lot 204 DP 1265951 exclusive of any existing easements, being part of the land in Certificate of Title 9/1043041 and said to be in the possession of Investron Pty Limited (registered proprietor) located at No. 33 Waterloo Road, Macquarie Park, in the Ryde City Council Area, Parish of Hunters Hill and County of Cumberland.

3. The respondent is to pay the applicant the Compensation Amount less any advance payment already paid plus any statutory interest pursuant to ss 49 and 50 of the Just Terms Act.

4. The respondent shall pay the applicant’s costs of the proceedings as agreed or as assessed.

…………………….

P Knight

Acting Commissioner of the Court

**********

Amendments

05 December 2022 - Correction to typographical error in appearances on coversheet.

15 December 2022 - Pursuant to UCPR r 36.17 and with the consent of all parties, the Court orders:

1. Order 4 of the orders made on 25 November 2022 is omitted and replaced with the following:

“4. The respondent shall pay the applicant’s costs of the proceedings as agreed or as assessed.”