Singh v Roads and Maritime Services

[2017] NSWLEC 1657

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Singh & Anor v Roads and Maritime Services [2017] NSWLEC 1657
Hearing dates:	Conciliation conference on 16 October 2017
Date of orders:	17 November 2017
Decision date:	17 November 2017
Jurisdiction:	Class 3
Before:	Maston AC
Decision:	See (4) below
Catchwords:	COMPULSORY ACQUISITION OF LAND: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Sulakhan Singh (First Applicant) Parveen Shetra (Second Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: Ms J McKelvey, barrister (Respondent) Solicitors: Mr A Munro, Slater and Gordon (First and Second Applicant) Mr B Bateman, Clayton Utz (Respondent)
File Number(s):	2017/184196
Publication restriction:	No

Judgment

1. 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 make, 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 Court notes that the parties or their representatives have reached an agreement in a conciliation conference held on 16 October 2017 pursuant to s34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner J Maston, as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions).

2. Compensation is determined in the sum of $295,024.05, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 25 in Deposited Plan 1209643 being part of the land known as 32 Range Road (East), Dirty Creek.

3. The parties acknowledge:

1. that the Respondent has already paid To Slater & Gordon an amount of $37,241.05 on account of legal fees, valuation and hydrology expert costs; and

2. that the balance (remainder) of compensation payable is the amount of $257,783.00.

4. The Respondent has agreed to pay the Applicants' reasonable costs of the proceedings as agreed or assessed subject to the production of invoices and receipts, noting such costs exclude the overpayment as referred to in 3. above.  There is to be no interest payable on costs.

Notations:

Statutory interest pursuant to ss. 49 and 50 of the Act is payable on the remainder of compensation.

……………………….

Acting Commissioner Maston

Amendments

17 November 2017 - Correction to catchwords