Jones v Singleton Council

[2021] NSWLEC 1564

Land and Environment Court

New South Wales

Medium Neutral Citation:

Jones v Singleton Council [2021] NSWLEC 1564

Hearing dates:

Conciliation conference on 13 September 2021

Date of orders:

05 October 2021

Decision date:

05 October 2021

Jurisdiction:

Class 3

Before:

Knight AC

Decision:

The Court orders that:

(1) Compensation is determined in the sum of $42,774.45, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of the whole of Lot 1 in Deposited Plan 1228853, being part of the land comprised in Certificate of Title Folio 2/1092168, being part of the land commonly known as 2672 Carrowbrook Road, Carrowbrook.

(2) The Applicants are to duly complete, execute and deliver to the Respondent the standard form 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 the proceedings being finalised on a full and final basis.

(3) Within 28 days of the Respondent receiving the Applicants' duly completed and executed deed of release and indemnity and direction as to payment, the Respondent will pay the Applicants:

(a) the Compensation less any advance compensation paid; and

(b) statutory interest in respect of the Compensation calculated in accordance with the Just Terms Act.

(4) The Respondent is to pay the Applicants' costs of the proceedings in the agreed sum of $26,002.63 plus GST.

Catchwords:

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

Legislation Cited:

Land Acquisition (Just Terms Compensation) Act 1991, ss 43, 47, 48, 49, 50, 54, 55, 56, 58, 59, 66

Land and Environment Court Act 1979 s 34

Category:

Principal judgment

Parties:

Michael Loyd Jones (First Applicant)
Stephen Keith Jones (Second Applicant)
Singleton Council (Respondent)

Representation:

Counsel:
D Newhouse (Solicitor) (Applicants)
L Nurpuri (Respondent)

Solicitors:
Newhouse & Arnold (Applicants)
Local Government Legal (Respondent)

File Number(s):

2020/25030

Publication restriction:

No

Judgment

1. COMMISSIONER: The proceedings comprise an objection to an offer of compensation arising from the compulsory acquisition by the Respondent of Lot 1 in Deposited Plan 1228853, being part of the land comprised in Certificate of Title Folio 2/1092168, being part of the land commonly known as 2672 Carrowbrook Road, Carrowbrook from the Applicants under s 43(d) of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), with the Court required to determine the amount of compensation payable by the Respondent to the Applicants being within Class 3 of the Court’s jurisdiction.

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 13 September 2021. I presided over the conciliation conference.

3. At the conciliation conference, the parties stated they had reached agreement as to the terms of a decision that would be acceptable to the parties. This decision involved the Respondent agreeing to pay the Applicants compensation in the amount of $42,774.45 arising from the compulsory acquisition, plus the Applicants’ costs of the proceedings in the sum of $26,002.63 plus GST.

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 Applicants’ claim for compensation.

5. I am satisfied that the parties’ decision is one 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 that:

1. Compensation is determined in the sum of $42,774.45, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of the whole of Lot 1 in Deposited Plan 1228853, being part of the land comprised in Certificate of Title Folio 2/1092168, being part of the land commonly known as 2672 Carrowbrook Road, Carrowbrook.

2. The Applicants are to duly complete, execute and deliver to the Respondent the standard form 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 the proceedings being finalised on a full and final basis.

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

1. the Compensation less any advance compensation paid; and

2. statutory interest in respect of the Compensation calculated in accordance with the Just Terms Act.

4. The Respondent is to pay the Applicants' costs of the proceedings in the agreed sum of $26,002.63 plus GST.

………………………….

P Knight

Acting Commissioner of the Court

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Decision last updated: 05 October 2021