Pettig v Transport for New South Wales

[2020] NSWLEC 1164

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Pettig v Transport for New South Wales [2020] NSWLEC 1164
Hearing dates:	Conciliation conference on 31 March 2020
Date of orders:	08 April 2020
Decision date:	08 April 2020
Jurisdiction:	Class 3
Before:	Peatman AC
Decision:	The Court orders: 1. Compensation is determined in the sum of $160,000.00 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lot 4 DP 1249353, being part of the land situate at 214 George Street, Parramatta in the City of Parramatta local government area. 2. The Respondent is to pay statutory interest in respect of the compensation calculated in accordance with sections 49 and 50 of the Just Terms Act. 3. 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 final orders in these proceedings. 4. Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction as to payment, the Respondent is to pay the compensation less any advanced compensation paid.  Notations: A. The respondent has agreed to pay the Applicants’ costs of the proceedings as agreed or assessed. There is no interest payable on such costs.
Catchwords:	COMPULSORY ACQUISITION – 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:	Andrew Pettig (First Applicant) Katrina Mary-Anne Sidrak (Second Applicant) Transport for New South Wales (Respondent)
Representation:	Counsel: M Astill (Applicants) A Hemmings (Respondent)   Solicitors: Bick & Steele (Applicants) Clayton Utz (Respondent)
File Number(s):	2019/380484
Publication restriction:	No

Judgment

1. COMMISSIONER: The proceedings comprise an objection to an offer of compensation in the amount of $99,649 arising from the compulsory acquisition by the Respondent of Lot 4 in Deposited Plan 1249353 being part of the land situate at 214 George Street Parramatta, 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 Applicant 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 31 March 2020. 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 $160,000 arising from the compulsory acquisition, plus the Applicants’ costs of the proceedings 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 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 $120,000.00 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lot 4 DP 1249353, being part of the land situate at 214 George Street, Parramatta in the City of Parramatta local government area.

2. The Respondent is to pay statutory interest in respect of the compensation calculated in accordance with sections 49 and 50 of the Just Terms Act.

3. 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 final orders in these proceedings.

4. Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction as to payment, the Respondent is to pay the compensation less any advanced compensation paid.

Notations:

A. The respondent has agreed to pay the Applicants’ costs of the proceedings as agreed or assessed. There is no interest payable on such costs.

…………………………

M Peatman

Acting Commissioner of the Court

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Amendments

20 April 2020 - Pursuant to UCPR r 36.17, the slip rule, by the request of the parties, amend the Court’s orders made on 8 April 2020, to replace the words at Order (1) of the Judgment from “Lot 3” to “Lot 4” and “212 George Street” to “214 George Street”.