Tornatora v The Planning Ministerial Corporation

Case •

[2020] NSWLEC 1128

•

17 March 2020

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Tornatora v The Planning Ministerial Corporation [2020] NSWLEC 1128
Hearing dates: Conciliation conference on 9 March 2020
Date of orders: 17 March 2020
Decision date: 17 March 2020
Jurisdiction:Class 3
Before: Maston AC
Decision:

The Court orders that:
(1) Compensation is determined in the sum of $7,302.292.35, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lots 98 and 99 in Deposited Plan 13905, being land at 1693-1703 The Horsley Drive, Horsley Park.
(2)   The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment to be issued by the Respondent, generally in accordance with the deed and direction previously provided by the Respondent to the Applicant, within 28 days of sealed orders being provided 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 compensation paid (Final Payment).
(4)   The Respondent is to pay statutory interest in respect of the Final Payment calculated in accordance with section 49 of the Just Terms Act.
(5)   The Respondent has agreed to pay the Applicant’s costs of the proceedings as agreed or assessed. There is to be no interest payable on such costs.

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: Maria Antonietta Tornatora (Applicant)
The Planning Ministerial Corporation (Respondent)
Representation:

Counsel:
T Robertson SC with J Walker (Applicant)
J McKelvey (Respondent)

  Solicitors:
Pikes & Verekers Lawyers (Applicant)
NSW Department of Planning, Industry and Environment (Respondent)
File Number(s): 2019/227626
Publication restriction: Nil

Judgment

  1. COMMISSIONER: The proceedings comprise an objection to an offer of compensation in the amount of $6,619,581.00 arising from compulsory acquisition by the Respondent of Lots 98 and 99 in Deposited Plan 13905, being land at 1693-1703 The Horsley Drive, Horsley Park, from the Applicant under s 43(d) of the Land Acquisition (Just Terms Compensation) Act 1991 (the Act), with the Court required to determine the amount of compensation payable by the Respondent to the Applicant being within Class 3 of the Court’s jurisdiction.

  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 9 March 2020. I presided over the conciliation conference.

  3. At 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 the Applicant the following amounts of compensation under the Act arising from the compulsory acquisition: Total compensation of $7,302,292.35 plus the Applicant’s costs of the proceedings as agreed or assessed.

  4. 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(1) and (2) of the Act to hear and dispose of the Applicant’s claim for compensation.

  5. 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.

  6. 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.

  7. The Court orders that:

  1. Compensation is determined in the sum of $7,302.292.35, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lots 98 and 99 in Deposited Plan 13905, being land at 1693-1703 The Horsley Drive, Horsley Park.

  2. The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment to be issued by the Respondent, generally in accordance with the deed and direction previously provided by the Respondent to the Applicant, within 28 days of sealed orders being provided 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 compensation paid (Final Payment).

  4. The Respondent is to pay statutory interest in respect of the Final Payment calculated in accordance with section 49 of the Just Terms Act.

  5. The Respondent has agreed to pay the Applicant’s costs of the proceedings as agreed or assessed. There is to be no interest payable on such costs.

……………………..

J Maston

Acting Commissioner of the Court

**********

Decision last updated: 20 March 2020

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