Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243

Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243

On proper construction of the settlement agreement, the applicants are entitled to all legal and consultant costs, including those allowable under the Just Terms Act as loss attributable to disturbance, as well as the compensation sum specified in the offer of compromise. The respondent is liable for these costs as agreed or assessed, limited to the schedule annexed to the letter of 16 April 2007.

Parties
Applicant: Kerrie Jane Buchanan; Applicant: Tony Charles Buchanan; Applicant: Traudel Kapanke; Applicant: Manfred Kapanke; Applicant: Trudie Leonie Kathleen Moyle; Applicant: Gregory John Moyle; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
02 May 2007
Procedural Posture
Compulsory Land Acquisition Compensation Objection / Motion for Entry of Judgment Pursuant to Settlement Agreement
Outcome
Judgment for applicants; declarations made as to respondent's liability for legal and consultant costs as agreed or assessed; costs ordered; liberty to apply granted.
Legal Topics
Compulsory Acquisition, Settlement Agreements, Costs of Proceedings, Loss Attributable to Disturbance
Land Law Compensation Law Compulsory Acquisition Settlement Agreements Costs of Proceedings Loss Attributable to Disturbance

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Parties

Kerrie Jane Buchanan

Applicant

Tony Charles Buchanan

Applicant

Traudel Kapanke

Applicant

Manfred Kapanke

Applicant

Trudie Leonie Kathleen Moyle

Applicant

Gregory John Moyle

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Compulsory Land Acquisition Compensation Objection / Motion for Entry of Judgment Pursuant to Settlement Agreement

Legal Issues

  1. 1 Whether the applicants are entitled to recover legal and consultant costs as loss attributable to disturbance under ss 55(d) and 59(a) and (b) of the Land Acquisition (Just Terms Compensation) Act 1991 in addition to the compensation sum
  2. 2 In the alternative, whether the applicants can withdraw their offer of compromise

Ratio Decidendi

On proper construction of the settlement agreement, the applicants are entitled to all legal and consultant costs, including those allowable under the Just Terms Act as loss attributable to disturbance, as well as the compensation sum specified in the offer of compromise. The respondent is liable for these costs as agreed or assessed, limited to the schedule annexed to the letter of 16 April 2007.

Court Disposition

Judgment for applicants; declarations made as to respondent's liability for legal and consultant costs as agreed or assessed; costs ordered; liberty to apply granted.

Orders

  • Declaration that the respondent is liable to pay the applicants' legal and consultants costs under s 59(a) and (b) of the Land Acquisition (Just Terms Compensation) Act 1991, as agreed or assessed, limited to the items scheduled in the letter dated 16 April 2007.
  • Declaration that the respondent is entitled to have judgment entered for the total of (a) such legal and consultants costs and (b) the compensation amount specified in the offer of compromise dated 31 January 2007.