Summer Holdings Pty Ltd v Blacktown City Council

[2018] NSWLEC 1436

Land and Environment Court

New South Wales

Medium Neutral Citation:	Summer Holdings Pty Ltd v Blacktown City Council [2018] NSWLEC 1436
Hearing dates:	Conciliation conference on 14 August 2018
Date of orders:	17 August 2018
Decision date:	17 August 2018
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 Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Summer Holdings Pty Limited (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: J McKelvey (Respondent) Solicitors: P Vergotis, McCabe Curwood Pty Ltd (Applicant) Clayton Utz (Respondent)
File Number(s):	2017/385079
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 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 s 34(3) of the Court Act are:

1. Compensation for the acquisition of Lots 23 and 26 in Deposited Plan 1223029 being part of the land located at 30 Terry Road, Rouse Hill NSW 2155, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) and inclusive of statutory interest and costs of the proceedings, is determined in the sum of $2,100,000.

2. The Applicant is 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 the final orders in these proceedings.

3. 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 moneys paid.

……………………….

John Maston

Acting Commissioner of the Court

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