LW & EBR Peeck & Sons Pty Ltd v Regional Growth NSW Development Corporation [2023] NSWLEC 1617

LW & EBR Peeck & Sons Pty Ltd v Regional Growth NSW Development Corporation [2023] NSWLEC 1617

The Court, being satisfied the parties' agreement was a decision the Court could have made, ordered compensation and costs in the agreed sums pursuant to the statutory framework for compulsory acquisition.

Parties
Applicant: LW & EBR Peeck & Sons Pty Ltd; Respondent: Regional Growth NSW Development Corporation
Jurisdiction
Australia
Judgment Date
19 October 2023
Procedural Posture
Compulsory Acquisition Objection / Post Conciliation Conference Judgment
Outcome
Orders made by consent for compensation and costs as per parties’ agreement.
Legal Topics
Compensation Assessment, Disturbance Costs, Market Value Determination
Compulsory Acquisition Property Law Compensation Assessment Disturbance Costs Market Value Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

LW & EBR Peeck & Sons Pty Ltd

Applicant

Regional Growth NSW Development Corporation

Respondent

Procedural Posture

Compulsory Acquisition Objection / Post Conciliation Conference Judgment

Legal Issues

  1. 1 The appropriate amount of compensation payable for the compulsory acquisition of two lots.
  2. 2 Entitlement to legal and valuation fees as disturbance under the Just Terms Act.

Ratio Decidendi

The Court, being satisfied the parties' agreement was a decision the Court could have made, ordered compensation and costs in the agreed sums pursuant to the statutory framework for compulsory acquisition.

Court Disposition

Orders made by consent for compensation and costs as per parties’ agreement.

Orders

  • In compensation for the compulsory acquisition by the Respondent on 5 August 2022 of Lot 25 in Deposited Plan 1228218 and Lot 26 in Deposited Plan 1228218, the Respondent will pay the Applicant the following amounts: (a) $11,350,000 in market value pursuant to ss 55(a) and 56 of the Land Acquisition (Just Terms...
  • The Applicant will complete and deliver to the Respondent the Deed of Release and Indemnity and Direction as to Payment (Forms) within 28 days of a sealed judgment.