Sylvia Vella v Roads and Maritime Services

[2016] NSWLEC 1556

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sylvia Vella v Roads & Maritime Services [2016] NSWLEC 1556
Hearing dates:	Conciliation conference on 23 November 2016
Date of orders:	23 November 2016
Decision date:	23 November 2016
Jurisdiction:	Class 3
Before:	Maston AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Sylvia Vella (First Applicant) Lilly Ryan (Second Applicant) Anthony Azzopardi (Third Applicant) Roads & Maritime Services (Respondent)
Representation:	Mr S McAuley, McAuley Hawach Lawyers (Applicant) Ms H Kalarostaghi, Hunt & Hunt (Respondent)
File Number(s):	2016/220323
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 23 November 2016 pursuant to s.34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner 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 $930,800.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 9 in Deposited Plan 1205982 being part of the land in Certificate of Title 2/213579 and known as 162 South Street, Marsden Park.

3. The Applicants are to duly complete and deliver to the Respondent the deed of release and indemnity in the form enclosed with the statutory offer of compensation made by the Respondent on 14 August 2015 within 28 days of the final orders in these proceedings.

4. Payment of the amount in Order 2 (less any advance payment already made pursuant to Part 3 of the Act) will be made within 28 days of the later of the date the Court issues sealed Orders or the date the Respondent receives the duly executed deed of release and indemnity and directions as to payment form referred to in Order 3 above.

5. The Respondent has agreed to pay the Applicants' reasonable costs as agreed or assessed. There is to be no interest payable on costs.

Notations:

1. Save for the costs payable in Order 4 of these orders the sum of $650,430.00 plus statutory interest has already been paid to the Applicants leaving $280,370.00 remainder (the Remainder) to be paid; and

2. Statutory interest pursuant to ss.49 and 50 of the Act is payable on the Remainder.

……………….

Acting Commissioner Maston