Christess Pty Ltd v Roads and Maritime Services [2019] NSWLEC 1393

Christess Pty Ltd v Roads and Maritime Services [2019] NSWLEC 1393

As the parties agreed to compensation terms which the Court was empowered to order under the relevant Acts, the Court disposed of the proceedings by making consent orders reflecting that agreement.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Compulsory Acquisition – Objection to Offer of Compensation / Consent Orders Following Conciliation Conference
Outcome
Orders made by consent in accordance with parties' agreement at conciliation conference
Legal Topics
['land Acquisition' 'just Terms Compensation' 'conciliation Conference' 'determination of Compensation']
['compulsory Acquisition' 'planning and Environment Law'] ['land Acquisition' 'just Terms Compensation' 'conciliation Conference' 'determination of Compensation']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Compulsory Acquisition – Objection to Offer of Compensation / Consent Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Determination of just terms compensation under the Land Acquisition (Just Terms Compensation) Act 1991 following compulsory acquisition of Applicant's land" "Whether the parties' agreement is a decision that the Court could make in its proper exercise of functions"]

Ratio Decidendi

As the parties agreed to compensation terms which the Court was empowered to order under the relevant Acts, the Court disposed of the proceedings by making consent orders reflecting that agreement.

Court Disposition

Orders made by consent in accordance with parties' agreement at conciliation conference

Orders

  • ['Compensation is determined in the sum of $431,000, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, for the acquisition of the whole of Lot 210 in Deposited Plan 1240517.' 'The Applicant is to complete and deliver to the Respondent the deed of release and indemnity to be issued by...