Doherty v Sydney Metro [2018] NSWLEC 1631

Doherty v Sydney Metro [2018] NSWLEC 1631

The parties reached agreement after the conciliation conference, and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Class 3 Proceedings for Compensation for Compulsory Acquisition of Land and Interests in Land / Orders Made Following Conciliation Conference and Agreement Between the Parties
Outcome
Proceedings disposed of in accordance with the parties' agreed decision.
Legal Topics
['compensation for Compulsory Acquisition' 'conciliation Conference' 'agreement Between the Parties' 'orders by Consent']
['compulsory Acquisition of Land' 'land and Environment Court Proceedings'] ['compensation for Compulsory Acquisition' 'conciliation Conference' 'agreement Between the Parties' 'orders by Consent']

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Procedural Posture

Class 3 Proceedings for Compensation for Compulsory Acquisition of Land and Interests in Land / Orders Made Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The parties reached agreement after the conciliation conference, and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Proceedings disposed of in accordance with the parties' agreed decision.

Orders

  • ['In full and final settlement of the proceedings, the Respondent is to pay the Applicant the amount of $35,205,891 inclusive of costs of the proceedings and less any advance payment of compensation paid to the Applicant by the Respondent under section 68 of the Land Acquisition (Just Terms Compensation) Act 1991,...