Thornton v Hawkesbury City Council

[2023] NSWLEC 1398

Land and Environment Court

New South Wales

Medium Neutral Citation:

Thornton v Hawkesbury City Council [2023] NSWLEC 1398

Hearing dates:

Conciliation conference on 14 July 2023.

Date of orders:

26 July 2023

Decision date:

26 July 2023

Jurisdiction:

Class 1

Before:

Walsh C

Decision:

The Court orders:

(1)   The appeal is upheld.

(2) Compensation is determined in the sum of $1,650,000.00, inclusive of interest on unpaid amounts, pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of:

(a)   Lot 31 in DP 1268597;

(b)   Lot 32 in DP 1268597;

(c)   Right of carriage way 15 wide and variable marked (A) and shown over Lot 33 DP 1268597;

(d)   Right of carriage way 7.5 wide and variable marked (B) and shown over Lot 33 DP 1268597; and

(e)   Easement for services 7.5 wide and variable marked (C) and shown over Lot 33 DP 1268597;

being part of 130 Hall Street, Pitt Town NSW 2756.

(3)   The Respondent is to pay the Applicants the amount of compensation referred to in Order 2, less the advance payment already paid to the Applicants, within 28 days of the date that the Court issues these orders.

(4)   No order as to costs.

Catchwords:

COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Land Acquisition (Just Terms Compensation) Act 1991 ss 19, 55, 66

Land and Environment Court Act 1979 ss 19, 34

Category:

Principal judgment

Parties:

Christopher Michael Thornton (First Applicant)
Cathlyn Mary Thornton (Second Applicant)
Hawkesbury City Council (Respondent)

Representation:

Counsel:
K Nguyen (Solicitor)(Applicant)
R McCulloch (Solicitor)(Respondent)

Solicitors:
Holding Redlich (Applicant)
Pikes and Verekers Lawyers (Respondent)

File Number(s):

2022/306749

Publication restriction:

No

Judgment

1. COMMISSIONER: The Applicants are the registered proprietors of land at 130 Hall Street, Pitt Town. The land was formerly lot 2 in DP 76375 (Parent Parcel). On 25 February 2022, the Respondent compulsorily acquired:

• part of the Parent Parcel, which resulted in new lots created within the Parent Parcel, being lots 31 and 32 in DP 1268597 (Acquired Land);

• two rights of carriageway, enabling access from Hall Street and across part of the Parent Parcel which was not acquired, and onto Lot 31 in DP 1268597;

• an easement for services from Hall Street and across part of the Parent Parcel which was not acquired, and onto Lot 31 in DP 1268597.

2. The Applicants have lodged an objection to the amount of compensation offered by the Respondent. The proceedings are brought under s 66 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) and fall within Class 3 of the Court’s jurisdiction pursuant s 19(e) of the Land and Environment Court Act 1979 (LEC Act).

3. 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 14 July 2023. I presided over the conciliation conference.

4. At the conciliation conference, the parties evidenced a signed agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and, according to the parties, would comprise a decision that the Court could make in the proper exercise of its functions. This decision involved upholding the appeal and awarding compensation to the sum of $1,650,000.00 (inclusive of interest on unpaid amounts).

5. Under s 34(3)(a) and (b) 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.

6. In this instance, I accept the advice of the parties that the parties’ decision is one that the Court could have made in the proper exercise of its functions. In turn, I am required to dispose of the proceedings in accordance with the parties’ decision.

Orders

7. The Court orders:

1. The appeal is upheld.

2. Compensation is determined in the sum of $1,650,000.00, inclusive of interest on unpaid amounts, pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of:

1. Lot 31 in DP 1268597;

2. Lot 32 in DP 1268597;

3. Right of carriage way 15 wide and variable marked (A) and shown over Lot 33 DP 1268597;

4. Right of carriage way 7.5 wide and variable marked (B) and shown over Lot 33 DP 1268597; and

5. Easement for services 7.5 wide and variable marked (C) and shown over Lot 33 DP 1268597;

being part of 130 Hall Street, Pitt Town NSW 2756.

3. The Respondent is to pay the Applicants the amount of compensation referred to in Order 2, less the advance payment already paid to the Applicants, within 28 days of the date that the Court issues these orders.

4. No order as to costs.

P Walsh

Commissioner of the Court

**********

Decision last updated: 26 July 2023