Alexandra Moshonis v Roads and Maritime Services [2017] NSWLEC 1678

Alexandra Moshonis v Roads and Maritime Services [2017] NSWLEC 1678

Because the parties reached agreement at or after a conciliation conference on compensation and related matters for compulsory acquisition, the Court was bound under s 34(3) of the Land and Environment Court Act 1979 to make orders disposing of the proceedings in those terms without a merits assessment.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Compulsory Acquisition / Final Orders After Conciliation Conference
Outcome
Orders made by agreement under s 34(3) of the Land and Environment Court Act 1979 disposing of the proceedings; compensation sum determined; costs order in favour of the applicant.
Legal Topics
['compulsory Acquisition' 'just Terms Compensation' 'conciliation Conference']
['property Law' 'administrative Law'] ['compulsory Acquisition' 'just Terms Compensation' 'conciliation Conference']

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Procedural Posture

Compulsory Acquisition / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether compensation for compulsory acquisition is properly determined and agreed under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Because the parties reached agreement at or after a conciliation conference on compensation and related matters for compulsory acquisition, the Court was bound under s 34(3) of the Land and Environment Court Act 1979 to make orders disposing of the proceedings in those terms without a merits assessment.

Court Disposition

Orders made by agreement under s 34(3) of the Land and Environment Court Act 1979 disposing of the proceedings; compensation sum determined; costs order in favour of the applicant.

Orders

  • ['Compensation is determined in the sum of $305,013 (incl GST) for the acquisition of Lot 124 in Deposited Plan 1224905, being part of the land known as 1982 - 1988 The Northern Road, Orchard Hills.' 'The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as...