The Imaginenations Church Holdings Ltd v Roads and Maritime Services

Case •

[2019] NSWLEC 1379

•

16 August 2019

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: The Imaginenations Church Holdings Ltd v Roads and Maritime Services [2019] NSWLEC 1379
Hearing dates: Conciliation conference on 1 August 2019
Date of orders: 16 August 2019
Decision date: 16 August 2019
Jurisdiction:Class 3
Before: Maston AC
Decision:

The Court orders:
(1) Compensation is determined in the sum of $582,469.69 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), for the acquisition of Lot 129 in DP1224009, being part of the property known as 1840 The Northern Road, Orchard Hills.
(2)   Within 28 days of the later of either the date the Court issues sealed Consent Judgment 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 Order (1), less the advance payment already made, 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 these proceedings on the ordinary basis as agreed or assessed.

Catchwords: COMPULSORY ACQUISITION – 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: The Imaginenations Church Holdings Ltd (Applicant)
Roads and Maritime Services (Respondent)
Representation:

Counsel:
I Hemmings SC with M Seymour (Applicant)
B Tronson (Respondent)

  Solicitors:
Bartier Perry Lawyers (Applicant)
Corrs Chambers Westgarth (Respondent)
File Number(s): 2018/72460
Publication restriction: No

Judgment

  1. COMMISSIONER: These proceedings are an objection to an offer of compensation in the amount of $385,000.00 arising from the compulsory acquisition by the Respondent of the whole of the land comprised in Lot 129 DP 1224009, known as part of 1840 The Northern Road, Orchard Hills from the Applicant made pursuant to s 66(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (the JTC Act).

  2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 1 August 2019. I presided over the conciliation conference.

  3. After the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Respondent agreeing to pay to the Applicant the following amount of compensation under the JTC Act arising from the compulsory acquisition:

Total compensation: $582,469.69

  1. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 66(2) of the JTC Act to hear and dispose of the Applicant’s claim for compensation.

  2. I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

  3. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

  4. The Court orders:

  1. Compensation is determined in the sum of $582,469.69 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), for the acquisition of Lot 129 in DP1224009, being part of the property known as 1840 The Northern Road, Orchard Hills.

  2. Within 28 days of the later of either the date the Court issues sealed Consent Judgment 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 Order (1), less the advance payment already made, 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 these proceedings on the ordinary basis as agreed or assessed.

………………………

J Maston

Acting Commissioner of the Court

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Decision last updated: 16 August 2019

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