Thornton v Hawkesbury City Council [2023] NSWLEC 1398

Thornton v Hawkesbury City Council [2023] NSWLEC 1398

The Commissioner accepted the parties' advice that their agreed decision was one the Court could have made in the proper exercise of its functions, and was therefore required under 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
26 July 2023
Procedural Posture
Objection to Amount of Compensation for Compulsory Acquisition Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement
Outcome
Appeal upheld; compensation determined in the sum of $1,650,000.00 inclusive of interest on unpaid amounts; no order as to costs.
Legal Topics
['just Terms Compensation' 'conciliation Conference' 'agreement Between Parties' 'acquisition of Land, Rights of Carriageway and Easement for Services']
['compulsory Acquisition' 'land and Environment Court Proceedings'] ['just Terms Compensation' 'conciliation Conference' 'agreement Between Parties' 'acquisition of Land, Rights of Carriageway and Easement for Services']

Case Brief

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Procedural Posture

Objection to Amount of Compensation for Compulsory Acquisition Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement

Legal Issues

  1. 1 ["Whether the parties' signed agreement as to the terms of decision was a decision the Court could make in the proper exercise of its functions." 'The amount of compensation payable for the compulsory acquisition.']

Ratio Decidendi

The Commissioner accepted the parties' advice that their agreed decision was one the Court could have made in the proper exercise of its functions, and was therefore required under 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 in the sum of $1,650,000.00 inclusive of interest on unpaid amounts; no order as to costs.

Orders

  • ['The appeal is upheld.' 'Compensation is determined in the sum of $1,650,000.00, inclusive of interest on unpaid amounts, pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lot 31 in DP 1268597; Lot 32 in DP 1268597; Right of carriage way 15 wide and...