Inner West Council v Roads & Maritime Services [2016] NSWLEC 1459
An agreement under s34(3) of the Land and Environment Court Act 1979 having been reached and ratified, the Court determines compensation, costs, and statutory interest in accordance with the statutory scheme and the parties’ consent.
- Jurisdiction
- Australia
- Judgment Date
- 19 September 2016
- Procedural Posture
- Appeal / Final Orders Following Conciliation Conference
- Outcome
- Compensation determined by consent; Court orders made giving effect to agreement.
- Legal Topics
- ['compulsory Acquisition' 'just Terms Compensation' 'conciliation Conference' 'land Acquisition' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Legal Issues
- 1 ['Appeal against offer of compensation for compulsorily acquired land' 'Determination of compensation amount' 'Payment of statutory interest and costs']
Ratio Decidendi
An agreement under s34(3) of the Land and Environment Court Act 1979 having been reached and ratified, the Court determines compensation, costs, and statutory interest in accordance with the statutory scheme and the parties’ consent.
Court Disposition
Compensation determined by consent; Court orders made giving effect to agreement.
Orders
- ['Compensation determined in the sum of $1,650,000 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and section 206 of the Roads Act 1993 (NSW), for the compulsory acquisition on 18 December 2015 of Lot 5 Deposited Plan 733249 and Lot 1 Deposited Plan 169385.' 'Respondent to...
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