Sun v Transport for NSW [2022] NSWLEC 1599

Sun v Transport for NSW [2022] NSWLEC 1599

Because the identified jurisdictional prerequisites for the acquisition and appeal were satisfied, and the parties' agreed decision to uphold the appeal and determine compensation at $1,647,677.88 was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
01 November 2022
Procedural Posture
Class 3 Compulsory Acquisition Compensation Appeal / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; compensation determined by agreement in the sum of $1,647,677.88.
Legal Topics
['conciliation Conference' 'just Terms Compensation' 'market Value' 'disturbance' 'statutory Interest']
['compulsory Acquisition' 'land Acquisition Compensation'] ['conciliation Conference' 'just Terms Compensation' 'market Value' 'disturbance' 'statutory Interest']

Case Brief

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Procedural Posture

Class 3 Compulsory Acquisition Compensation Appeal / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision on compensation was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for determining compensation for the compulsory acquisition of the Land were satisfied.']

Ratio Decidendi

Because the identified jurisdictional prerequisites for the acquisition and appeal were satisfied, and the parties' agreed decision to uphold the appeal and determine compensation at $1,647,677.88 was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; compensation determined by agreement in the sum of $1,647,677.88.

Orders

  • ['The appeal is upheld.' 'Compensation is determined in the sum of $1,647,677.88 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of Lot 7 in Deposited Plan 23676 being the whole of the land known as 12 Webb Street, Riverwood NSW, 2210.' 'The Respondent is to pay the...