Singh & Anor v Roads and Maritime Services [2017] NSWLEC 1657

Singh & Anor v Roads and Maritime Services [2017] NSWLEC 1657

Because the parties reached an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Class 3 Compulsory Acquisition of Land Proceedings / Orders Made After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['compensation for Acquisition' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['land Acquisition' 'compulsory Acquisition' 'land and Environment Court Procedure'] ['compensation for Acquisition' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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Procedural Posture

Class 3 Compulsory Acquisition of Land Proceedings / Orders Made After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Determination of compensation for the acquisition of Lot 25 in Deposited Plan 1209643 being part of the land known as 32 Range Road (East), Dirty Creek.']

Ratio Decidendi

Because the parties reached an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The Court notes that the parties or their representatives have reached an agreement in a conciliation conference held on 16 October 2017 pursuant to s34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner J Maston, as to the terms of a decision in the proceedings that would be...