Huseyin & anor v Roads and Maritime Services [2016] NSWLEC 1540

Huseyin & anor v Roads and Maritime Services [2016] NSWLEC 1540

The court must make orders giving effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979, including the determination of compensation, completion of necessary deeds, payment terms, costs and statutory interest, without merit assessment.

Parties
First Applicant: Mustafa Huseyin; Second Applicant: Melike Huseyin; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Compensation Claim for Compulsory Acquisition / Final Orders Following Conciliation Conference, Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Compensation determined and final orders made by agreement between parties under s 34(3); proceedings disposed of accordingly.
Legal Topics
Compulsory Acquisition, Just Terms Compensation, S 34(3) Agreement, Statutory Interest
Compensation Land Acquisition Compulsory Acquisition Just Terms Compensation S 34(3) Agreement Statutory Interest

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Parties

Mustafa Huseyin

First Applicant

Melike Huseyin

Second Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Compensation Claim for Compulsory Acquisition / Final Orders Following Conciliation Conference, Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 Determination of compensation for compulsory acquisition
  2. 2 Entitlement to statutory interest
  3. 3 Payment of reasonable costs

Ratio Decidendi

The court must make orders giving effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979, including the determination of compensation, completion of necessary deeds, payment terms, costs and statutory interest, without merit assessment.

Court Disposition

Compensation determined and final orders made by agreement between parties under s 34(3); proceedings disposed of accordingly.

Orders

  • Compensation determined in the sum of $356,969.75, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, for the acquisition of Lot 118, DP 1207777, known as 47 South Street, Schofields.
  • Applicants to complete deed of release and indemnity and direction as to payment within 28 days.