Qiu v Roads and Maritime Services

[2016] NSWLEC 1359

Land and Environment Court

New South Wales

Medium Neutral Citation:	Qiu & anor v Roads and Maritime Services [2016] NSWLEC 1359
Hearing dates:	Conciliation conference on 17 August 2016
Date of orders:	17 August 2016
Decision date:	17 August 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:	Kailea Qiu (First Applicant) Xuefang Wang (Second Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: Ms Hemmings (Respondent) Solicitors: Mr P. Vergotis, McCabes Lawyers (Applicant) Maddocks Lawyers (Respondent)
File Number(s):	2016/00153813
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. The appeal is upheld.

2. Compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) is determined in the sum of $2, 615,000 in respect of the acquisition on 18 December 2015 of Lot B Deposited Plan 433769, being the whole of the land in Certificate of Title B/433769.

3. The applicants are to duly complete and deliver to the respondent the deed of release and indemnity and direction as to payment in the form issued by the respondent within 28 days of the 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 in accordance with paragraph 3 above, the respondent is to pay the amount of compensation referred to in paragraph 2, less any advance payment made pursuant to section 48 of the Just Terms Act, plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act.

5. The respondent is to pay the applicants’ costs as agreed in the amount of $35,000, subject to production of invoices and receipts.

…………….

David Parker

Acting Commissioner