The Huns Frenchs Forest Pty Ltd v Roads and Maritime Services NSW

[2016] NSWLEC 1340

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	The Huns Frenchs Forest Pty Ltd v Roads and Maritime Services NSW [2016] NSWLEC 1340
Hearing dates:	Conciliation conference on 21 & 29 July 2016
Date of orders:	29 July 2016
Decision date:	29 July 2016
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	See (4) below
Catchwords:	COMPENSATION: Compulsory acquisition
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	The Huns Frenchs Forest Pty Ltd (Applicant) Roads and Maritime Services NSW (Respondent)
Representation:	Counsel: Ian Hemmings SC with Scott Nash (Applicant) Sandra Duggan SC with Michael Astill (Respondent) Solicitors: Mr H Murdoch, Parish Patience Immigration Services (Applicant) Ms K Camenzuli, Corrs Chambers Westgarth (Respondent)
File Number(s):	2016/149798
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 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. Compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) for the compulsory acquisition on 21 August 2015 of the applicant’s interest in Lot 1 in DP805245 (known as 461 Warringah Road, Frenchs Forest NSW) is determined in the sum of $1,329,884.

2. Within 28 days of the later of either the date the Court issues sealed Consent Orders or the date the respondent receives a duly executed deed of release and indemnity and direction as to payment form, the respondent must pay to the applicant the amount of compensation referred to in paragraph (1), less $659,391.30 (being the advance payment made to the applicant 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.

3. The respondent is to pay the applicant’s costs of the proceedings on a party-party basis as agreed or assessed.

…………….

David Parker

Acting Commissioner

Amendments

16 September 2016 - Amended Representation on cover sheet.