Man Ke & Anor v Roads and Maritime Services [2016] NSWLEC 1266

Man Ke & Anor v Roads and Maritime Services [2016] NSWLEC 1266

Where parties reach an agreement under s 34(3) Land and Environment Court Act 1979 and the Commissioner is satisfied the decision is one the Court could have made, the Court must dispose of the proceedings according to that agreement, without making a merits assessment of original disputes.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Compensation Claim (class 3) / Conciliation Conference; Final Orders by Consent
Outcome
Application compromised by consent. Orders made giving effect to compensation agreement reached at conciliation conference.
Legal Topics
['development Application' 'statutory Compensation' 'conferencing and Consent Orders']
['compulsory Acquisition' 'compensation Law'] ['development Application' 'statutory Compensation' 'conferencing and Consent Orders']

Case Brief

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Procedural Posture

Compensation Claim (class 3) / Conciliation Conference; Final Orders by Consent

Legal Issues

  1. 1 ['Whether compensation as agreed should be determined and ordered under s 34(3) Land and Environment Court Act 1979 and s 55 Land Acquisition (Just Terms Compensation) Act 1991']

Ratio Decidendi

Where parties reach an agreement under s 34(3) Land and Environment Court Act 1979 and the Commissioner is satisfied the decision is one the Court could have made, the Court must dispose of the proceedings according to that agreement, without making a merits assessment of original disputes.

Court Disposition

Application compromised by consent. Orders made giving effect to compensation agreement reached at conciliation conference.

Orders

  • ['Compensation determined in the sum of $957,128.50, pursuant to s 55 Land Acquisition (Just Terms Compensation) Act 1991, for acquisition of Lot 6 in Strata Plan 6270.' 'Applicants to complete and deliver release and indemnity deed and payment direction within 28 days.' 'Respondent to pay compensation (less any...