Qiu & anor v Roads and Maritime Services [2016] NSWLEC 1359

Qiu & anor v Roads and Maritime Services [2016] NSWLEC 1359

The parties resolved the compensation claim by agreement under s 34(3) of the Land and Environment Court Act 1979. The Court, being satisfied that the agreed decision was appropriate, made orders accordingly upholding the appeal and determining compensation.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Compulsory Acquisition Compensation Appeal / Disposition After Conciliation Conference (agreement Under S 34(3) Land and Environment Court Act 1979)
Outcome
Appeal upheld by agreement of the parties. Compensation determined and orders made by consent.
Legal Topics
['compulsory Acquisition' 'compensation Determination' 'settlement at Conciliation Conference']
['compensation Law' 'land Acquisition'] ['compulsory Acquisition' 'compensation Determination' 'settlement at Conciliation Conference']

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Procedural Posture

Compulsory Acquisition Compensation Appeal / Disposition After Conciliation Conference (agreement Under S 34(3) Land and Environment Court Act 1979)

Legal Issues

  1. 1 ['Determination of compensation for compulsory acquisition of land' 'Terms of settlement pursuant to s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The parties resolved the compensation claim by agreement under s 34(3) of the Land and Environment Court Act 1979. The Court, being satisfied that the agreed decision was appropriate, made orders accordingly upholding the appeal and determining compensation.

Court Disposition

Appeal upheld by agreement of the parties. Compensation determined and orders made by consent.

Orders

  • ['The appeal is upheld.' 'Compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 is determined in the sum of $2,615,000 for the acquisition of Lot B Deposited Plan 433769.' 'Applicants to complete and deliver deed of release and indemnity and direction as to payment to respondent within 28...