Scott v Regional Growth NSW Development Corporation [2023] NSWLEC 1779

Scott v Regional Growth NSW Development Corporation [2023] NSWLEC 1779

The parties reached agreement at conciliation as to the compensation payable and costs, and as statutory prerequisites were met, and the parties' decision was a decision the Court could have made, the Court made orders as per the agreement under s 66(2) of the Just Terms Act and s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
20 December 2023
Procedural Posture
Compulsory Acquisition Compensation Objection / Final Orders After Conciliation Conference
Outcome
Orders made by consent upholding objection and awarding compensation
Legal Topics
['compulsory Acquisition' 'just Terms Compensation' 'market Value Determination' 'party Party Costs' 'conciliation Conference']
['land Acquisition' 'compensation Law'] ['compulsory Acquisition' 'just Terms Compensation' 'market Value Determination' 'party Party Costs' 'conciliation Conference']

Case Brief

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Procedural Posture

Compulsory Acquisition Compensation Objection / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the compensation offered by the Respondent for compulsory acquisition was just and in accordance with the Land Acquisition (Just Terms Compensation) Act 1991' 'Whether jurisdictional prerequisites for class 3 proceedings and exercise of power under s 66(2) of the Just Terms Act are satisfied']

Ratio Decidendi

The parties reached agreement at conciliation as to the compensation payable and costs, and as statutory prerequisites were met, and the parties' decision was a decision the Court could have made, the Court made orders as per the agreement under s 66(2) of the Just Terms Act and s 34(3) of the LEC Act.

Court Disposition

Orders made by consent upholding objection and awarding compensation

Orders

  • ['The Respondent will pay the Applicants $960,000.00 in market value compensation and $28,348.85 for legal costs and valuation fees under the Land Acquisition (Just Terms Compensation) Act 1991 for compulsory acquisition of 1026 Olympic Highway, Bomen, Lot 421 in DP 1279081.' 'The Applicants will complete and...