Sukkarieh v Roads and Maritime Services

Case •

[2016] NSWLEC 1218

•

03 June 2016

No judgment structure available for this case.

Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Sukkarieh & Anor v Roads and Maritime Services [2016] NSWLEC 1218
Hearing dates:Conciliation conference on 2 March 2016
Date of orders: 03 June 2016
Decision date: 03 June 2016
Jurisdiction:Class 3
Before: Miller AC
Decision:

See (4) below

Catchwords: ACQUISITION OF LAND LAND ACQUISITION (JUST TERMS COMPENSATION) Act 1991: conciliation conference; agreement reached between the parties
Legislation Cited: Land and Environment Court Act 1979
Category:Principal judgment
Parties: Hussein Sukkarieh (Applicant 1)
Samar Sukkarieh (Applicant 2)
Roads and Maritime Services (Respondent)
Representation: Mr T Johnson, Albert A Macri Partners (Applicants)
Ms K Davis, Corrs Chambers Westgarth (Respondent)
File Number(s):163587/2016
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, and have not, made a merit assessment of the issues that were originally in dispute between the parties.

  4. The final orders to give effect to the parties’ agreement are:

  1. For the purpose of section 68(1) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act) compensation is determined in the amount of $655,964.50 (exclusive of statutory interest and costs) in respect of the compulsory acquisition of:

  1. a freehold interest in Lot 9 in Deposited Plan 1203637, being part of the land formerly comprised in Lot 2 in Deposited Plan 523166; and

  2. a leasehold interest over that part of Lot 4 in Deposited Plan 1203637 marked as Lot X in RMS sketch SR634-CAL, for a term of 2 years, with lease terms set out in registered memorandum AE293511.

  1. The Respondent is to pay the Applicants:

  1. the amount of $84,464.50, representing the amount of $655,964.50 (exclusive of statutory interest and costs) less the amount of $571,500.00 previously paid by the Respondent to the Applicants as an advance payment of compensation pursuant to section 68(2) of the Just Terms Act; and

  2. statutory interest on the amount of $84,464.50, in accordance with section 49 and 50 of the Just Terms Act.

  1. The Respondent is to pay the Applicants' reasonable costs of the proceedings, on an ordinary basis, as agreed or assessed.

  2. The Court notes the parties’ agreement that The Court notes that the parties agreement that wwithin 28 days of the later of the date that:

1    the Court issues sealed Consent Orders; and

2    the Respondent receives a duly executed direction as to payment and a duly executed deed of release and indemnity on terms substantially the same as those contained in the Deed at "Annexure A" of this Agreement,,

the Respondent is to pay the Applicants' the amount in order 4(2) above and costs as agreed or assessed in order 4(3) above.

  1. The Court notes that the parties have mutually agreed that the lease referred to in order 4(1)(b) above is terminated with immediate effect.

  2. Pursuant to section 34(3)(a) of the Land and Environment Court Act 1979 (NSW) the parties request the Commissioner to dispose of these proceedings in accordance with the terms of the decision set out in paragraph 4 above and noting the items in paragraphs 4 and 5 above.

…………….

Acting Commissioner Miller

ORDERS.pdf

163587.16 Miller_Annexure A (75.1 KB, pdf)

163587.16 Miller_Consent_Judgment_Orders (312 KB, pdf)

Amendments

24 January 2017 - Orders renumbered

06 July 2016 - Conciliation date entered.

24 June 2016 - Admin error corrected

Decision last updated: 24 January 2017

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