Argus v North Sydney Council [2018] NSWLEC 1323

The court upheld the appeal and determined compensation in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979, without making any merit assessment of the issues originally in dispute.

Parties: First Applicant: Angelos Argus; Second Applicant: Vasiliki Koula Argus; Respondent: North Sydney Council
Jurisdiction: Australia
Judgment Date: 27 June 2018
Procedural Posture: Appeal / Conciliation Conference and Final Orders
Outcome: Appeal upheld
Legal Topics: Compensation Determination, Conciliation Conference, Settlement Agreement Under S 34(3) Land and Environment Court Act 1979

Compulsory Acquisition Property Law Compensation Determination Conciliation Conference Settlement Agreement Under S 34(3) Land and Environment Court Act 1979

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 5

Parties

Angelos Argus

First Applicant

Vasiliki Koula Argus

Second Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

1 Whether the compensation determined by the Valuer-General was appropriate
2 Settlement of compensation for compulsory acquisition

Ratio Decidendi

Court Disposition

Appeal upheld

Orders

Compensation determined in the sum of $6,130,000 in full and final settlement including costs and statutory interest
Court notes the payment of $200,000 on or about 30 October 2017, $5,203,454.82 and $866.41 on 16 March 2018 as part payment of compensation and interest