Ricky Borg v Roads and Maritime Services [2017] NSWLEC 1223

Ricky Borg v Roads and Maritime Services [2017] NSWLEC 1223

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with the agreed terms without a merits assessment of the originally disputed issues.

Jurisdiction
Australia
Judgment Date
02 May 2017
Procedural Posture
Class 3 Compulsory Acquisition of Land Compensation Proceedings / Final Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement and final orders made.
Legal Topics
['conciliation Conference' 'agreement Between Parties' 'just Terms Compensation' 'section 34 Orders']
['land Acquisition' 'compulsory Acquisition' 'compensation'] ['conciliation Conference' 'agreement Between Parties' 'just Terms Compensation' 'section 34 Orders']

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Procedural Posture

Class 3 Compulsory Acquisition of Land Compensation Proceedings / Final Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Determination of compensation for the acquisition of Lot 21 in Deposited Plan 1214530 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with the agreed terms without a merits assessment of the originally disputed issues.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement and final orders made.

Orders

  • ['The Court notes that the parties or their representatives have reached an agreement in a conciliation conference held on 31 March 2017 pursuant to s.34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner Maston, as to the terms of a decision in the proceedings that that would be...