Wong v Health Administration Corporation [2019] NSWLEC 1442

Wong v Health Administration Corporation [2019] NSWLEC 1442

The Court accepted the parties’ agreed compensation amount of $2,860,124.00, finding the agreement was one that could be made properly by the Court exercising its functions under the applicable legislation.

Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Objection to Compensation Determination (compulsory Acquisition) / Post Conciliation Conference, Final Orders
Outcome
Compensation determined by Court order by agreement between parties; proceedings finalised on a full and final basis.
Legal Topics
['just Terms Compensation' 'market Value Determination' 'disturbance' 'conciliation Process']
['land Law' 'compulsory Acquisition'] ['just Terms Compensation' 'market Value Determination' 'disturbance' 'conciliation Process']

Case Brief

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Procedural Posture

Objection to Compensation Determination (compulsory Acquisition) / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the amount of compensation for compulsory acquisition should be determined at $2,860,124.00 under the Land Acquisition (Just Terms Compensation) Act 1991' 'Whether the parties’ agreement is one the Court could properly make']

Ratio Decidendi

The Court accepted the parties’ agreed compensation amount of $2,860,124.00, finding the agreement was one that could be made properly by the Court exercising its functions under the applicable legislation.

Court Disposition

Compensation determined by Court order by agreement between parties; proceedings finalised on a full and final basis.

Orders

  • ['Compensation is determined in the sum of $2,860,124.00 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991.' 'Applicants to execute and deliver a deed of release and indemnity within 28 days reflecting the agreement.' 'Respondent to pay, within 28 days of receiving above, (i) compensation...