Francesco Vartuli v Roads and Maritime Services [2017] NSWLEC 1061

Francesco Vartuli v Roads and Maritime Services [2017] NSWLEC 1061

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by making final orders in the agreed terms.

Jurisdiction
Australia
Judgment Date
14 February 2017
Procedural Posture
Class 3 Land Acquisition Compensation Proceedings / Final Orders Following Conciliation Conference and Agreement 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 Compulsory Acquisition' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['land Acquisition' 'land and Environment Court Procedure'] ['compensation for Compulsory Acquisition' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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 1
Sign in to unlock

Procedural Posture

Class 3 Land Acquisition Compensation Proceedings / Final Orders Following Conciliation Conference and Agreement 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.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by making final orders in the agreed terms.

Court Disposition

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

Orders

  • ['Compensation is determined in the sum of $580,000.00 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, for the acquisition of Lot 202 in Deposited Plan 1213284, being the part of the land in Certificate of Title 121/883453 known as 722 Bringelly Road, Rossmore.' 'The...