Graham William Parkinson v ROADS AND MARITIME SERVICES [2017] NSWLEC 1243

Graham William Parkinson v ROADS AND MARITIME SERVICES [2017] NSWLEC 1243

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed final...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Class 3 Compulsory Acquisition of Land Compensation Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['just Terms Compensation' 'section 34 Conciliation Conference' 'consent Orders' 'statutory Interest' 'costs']
['compulsory Acquisition of Land' 'land and Environment Court Procedure'] ['just Terms Compensation' 'section 34 Conciliation Conference' 'consent Orders' 'statutory Interest' 'costs']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 3 Compulsory Acquisition of Land Compensation Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' "Determination of compensation for the compulsory acquisition of the applicants' interest in Lot 12 in DP1216202."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed final orders determining compensation, payment, interest and costs.

Court Disposition

Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["Compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) for the compulsory acquisition on 5 August 2016 of the applicants' interest in Lot 12 in DP1216202 (known as part of 1430 The Northern Road, Bringelly NSW) is determined in the sum of $300,969." 'Within 28 days of the...