Shu v Cumberland Council [2021] NSWLEC 1459

Shu v Cumberland Council [2021] NSWLEC 1459

The proceedings were disposed of in accordance with the parties' agreement at a conciliation conference convened under s 34(1) of the Land and Environment Court Act 1979, where the agreed compensation and costs reflected the proper application of the Land Acquisition (Just Terms Compensation) Act 1991 to the facts of the compulsory acquisition.

Parties
Applicant: David Shu; Applicant: Jingru Li; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
11 August 2021
Procedural Posture
Class 1 / Final Orders After Conciliation Conference
Outcome
Proceedings disposed of by consent in accordance with parties' agreement as to compensation and costs.
Legal Topics
Compensation for Compulsory Acquisition, Determination of Compensation, Disturbance, Relocation Disadvantage, Payment of Legal and Valuation Costs
Compulsory Acquisition Property Law Compensation for Compulsory Acquisition Determination of Compensation Disturbance Relocation Disadvantage Payment of Legal and Valuation Costs

Case Brief

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Parties

David Shu

Applicant

Jingru Li

Applicant

Cumberland Council

Respondent

Procedural Posture

Class 1 / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Objection to amount of compensation offered for compulsory acquisition
  2. 2 Entitlement to compensation under Just Terms Act
  3. 3 Agreement between parties regarding compensation under s 34 of LEC Act

Ratio Decidendi

The proceedings were disposed of in accordance with the parties' agreement at a conciliation conference convened under s 34(1) of the Land and Environment Court Act 1979, where the agreed compensation and costs reflected the proper application of the Land Acquisition (Just Terms Compensation) Act 1991 to the facts of the compulsory acquisition.

Court Disposition

Proceedings disposed of by consent in accordance with parties' agreement as to compensation and costs.

Orders

  • Market Value determined in the sum of $925,000.00, pursuant to s 55(a) of the Land Acquisition Act (Just Terms Compensation Act 1991 NSW (Just Terms Act), for the acquisition of Lot 2 in Section 16 Deposited Plan 939788.
  • Legal Costs determined in the sum of $16,831.50 (inclusive of GST), pursuant to s 59(1)(a) of the Just Terms Act.