Brocore Investments Pty Ltd v Health Administration Corporation [2017] NSWLEC 1408

Brocore Investments Pty Ltd v Health Administration Corporation [2017] NSWLEC 1408

Because the parties reached an agreement in a conciliation conference under s 34 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 that agreement and orders were made determining compensation and ancillary matters.

Jurisdiction
Australia
Judgment Date
06 February 2017
Procedural Posture
Class 3 Resumption Compensation Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979 and Final Orders
Outcome
Orders made by consent under s 34(3) of the Land and Environment Court Act 1979; compensation determined and ancillary orders made.
Legal Topics
['resumption Compensation' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['land and Environment' 'land Acquisition Compensation'] ['resumption Compensation' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

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 that the Court could have made in the proper exercise of its functions.' 'Determination of compensation under section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of the specified land.']

Ratio Decidendi

Because the parties reached an agreement in a conciliation conference under s 34 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 that agreement and orders were made determining compensation and ancillary matters.

Court Disposition

Orders made by consent under s 34(3) of the Land and Environment Court Act 1979; compensation determined and ancillary orders made.

Orders

  • ['Compensation is determined in the sum of $2,126,630.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, for the acquisition of Lot 32 in Deposition Plan 1074996 and Lot 31 in Deposition Plan 1074996 being the whole of land at 76-78 Showground Road, Gosford.' 'The Applicants are...