Jonathan Martin & Anor v Roads and Maritime Services [2017] NSWLEC 1162

Jonathan Martin & Anor v Roads and Maritime Services [2017] NSWLEC 1162

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

Jurisdiction
Australia
Judgment Date
29 March 2017
Procedural Posture
Class 3 Compulsory Acquisition of Land Compensation Proceedings / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement; compensation determined in the sum of $671,775.00 and ancillary orders made.
Legal Topics
['just Terms Compensation' 'conciliation Conference' 'consent Orders' 'section 34 Agreement']
['compulsory Acquisition of Land' 'land and Environment Court Procedure'] ['just Terms Compensation' 'conciliation Conference' 'consent Orders' 'section 34 Agreement']

Case Brief

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Procedural Posture

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

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 the Court could have made in the proper exercise of its functions.' 'The amount and terms of compensation for the acquisition of the identified land and easement.']

Ratio Decidendi

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

Court Disposition

Proceedings disposed of in accordance with the parties' agreement; compensation determined in the sum of $671,775.00 and ancillary orders made.

Orders

  • ['Compensation is determined in the sum of $671,775.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, for the acquisition of Lot 13 in Deposited Plan 1217247, being part of the land in Certificate of Title 12/249262 known as 1472 The Northern Road, Bringelly and an easement in...