Land and Environment Court
New South Wales
Medium Neutral Citation: Kenneth William Allport v Lismore City Council [2017] NSWLEC 1547 Hearing dates: Conciliation conference on 21, 28 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Class 2 Before: Bish C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Kenneth William Allport (Applicant)
Lismore City Council (Respondent)Representation: Counsel:
Ms N Hammond, Barrister (Applicant)
Solicitor:
Ms S Dakin, Dakin Law (Applicant)
Mr J Margret, McCartney Young Lawyers (Respondent)
File Number(s): 2017/188535 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The terms of the decision are that the Order at Annexure “A” is substituted for the Emergency Order No 21 dated 23 May 2017.
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Commissioner Bish
Annexure A (68.8 KB, pdf)
- AGLC
- Kenneth William Allport v Lismore City Council [2017] NSWLEC 1547
- Case
- [2017] NSWLEC 1547
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the compulsory acquisition was validly carried out under the legislative framework and whether the compensation offered to Allport was fair and reasonable. This involved examining the procedures followed by the council during the acquisition, the statutory authority for the acquisition, and the fairness of the compensation offered in relation to the property's value and the impact on Allport.
The court found that the council's acquisition process was in compliance with the statutory requirements, and the compensation offered was appropriate and fair. The decision was based on a detailed examination of the evidence provided by both parties, including expert valuations and documentation related to the acquisition process. The court concluded that the council had followed the correct procedures and that the compensation was reasonable in the circumstances.
As a result, the court dismissed Allport's claim, finding that the compulsory acquisition was legally valid and the compensation offered was adequate. The council was not required to take any further action regarding the acquisition or compensation.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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