Giuseppe Vitagliano and Ors v Roads and Maritime Services [2017] NSWLEC 1163

Giuseppe Vitagliano and Ors v Roads and Maritime Services [2017] NSWLEC 1163

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and make the final orders giving effect to it.

Jurisdiction
Australia
Judgment Date
29 March 2017
Procedural Posture
Class 3 Compulsory Acquisition of Land / S34 Conciliation Conference; Final Orders by Agreement
Outcome
Final orders made to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979.
Legal Topics
['just Terms Compensation' 'conciliation Conference Agreement' 'section 34 Orders']
['compulsory Acquisition of Land' 'land and Environment Court Procedure'] ['just Terms Compensation' 'conciliation Conference Agreement' 'section 34 Orders']

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Procedural Posture

Class 3 Compulsory Acquisition of Land / S34 Conciliation Conference; Final Orders by Agreement

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Determination of compensation for the acquisition of Lot 108 in Deposited Plan 1214543.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and make the final orders giving effect to it.

Court Disposition

Final orders made to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Compensation is determined in the sum of $540,000 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 108 in Deposited Plan 1214543, being the part of the land in Certificate of Title 6/2217 being known as 800 Bringelly Road, Rossmore.'...