Warren David O'Brien v Roads and Maritime Services

[2017] NSWLEC 1112

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Warren David O'Brien v Roads and Maritime Services [2017] NSWLEC 1112
Hearing dates:	Conciliation conference on 1 and 3 March 2017
Date of orders:	07 March 2017
Decision date:	07 March 2017
Jurisdiction:	Class 3
Before:	Maston AC
Decision:	See (4) below
Catchwords:	LAND ACQUISITION COMPENSATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Warren David O’Brien (First Applicant) Pauline Louise Lockie (Second Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: Mr M Seymour (Applicants) Ms A Hemmings (Respondent) Solicitor: Mr V Butcher, Slater & Gordon Lawyers (Applicants) Mr B Bateman, Clayton Utz (Respondent)
File Number(s):	2016/257526
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 29 February 2017 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 $1,850,000 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 6 in Deposited Plan 1105627, being all of the land known as 4 Brown Street, St Peters.

3. The Applicants are to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment issued by the Respondent within 28 days of the final orders in these proceedings.

4. 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 moneys paid.

5. The Respondent is to pay the Applicants’ reasonable costs as agreed or assessed subject to the production of invoices and receipts. There is to be no interest payable on costs.

……………………….

Acting Commissioner Maston

Amendments

08 March 2017 - Correction to catchwords