Antoinette Farris v Roads and Maritime Services [2017] NSWLEC 1545

Antoinette Farris v Roads and Maritime Services [2017] NSWLEC 1545

An agreement was reached between the parties as to terms of compensation and orders following a conciliation conference. The Court was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was appropriate and made orders accordingly, without any merit assessment of the original issues.

Parties
Applicant: Antoinette Farris; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Compulsory Acquisition of Land / Final Orders Following Conciliation Conference
Outcome
Orders made by consent; proceedings disposed under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
Compulsory Acquisition of Land, Just Terms Compensation, Agreed Orders
Compulsory Acquisition Land Law Compulsory Acquisition of Land Just Terms Compensation Agreed Orders

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Parties

Antoinette Farris

Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Compulsory Acquisition of Land / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Determination of just terms compensation for compulsory acquisition of land
  2. 2 Finalisation of proceedings by consent under s34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

An agreement was reached between the parties as to terms of compensation and orders following a conciliation conference. The Court was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was appropriate and made orders accordingly, without any merit assessment of the original issues.

Court Disposition

Orders made by consent; proceedings disposed under s 34(3) of the Land and Environment Court Act 1979

Orders

  • Compensation determined in the sum of $942,000.00 for acquisition of Lot 19 in Deposited Plan 1204063.
  • Applicant to complete and deliver deed of release and indemnity and direction as to payment within 28 days of sealed orders.