Sukkarieh & Anor v Roads and Maritime Services [2016] NSWLEC 1218

Sukkarieh & Anor v Roads and Maritime Services [2016] NSWLEC 1218

Because the parties reached an agreement at or after the conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3)(a) required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Class 3 Land Acquisition Compensation Proceedings / Conciliation Conference; Agreement Reached Between the Parties and Consent Orders Made
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3)(a) of the Land and Environment Court Act 1979.
Legal Topics
['compulsory Acquisition of Land' 'just Terms Compensation' 'conciliation Conference' 'section 34 Agreement' 'consent Orders']
['land Acquisition' 'compensation' 'land and Environment Court Procedure'] ['compulsory Acquisition of Land' 'just Terms Compensation' 'conciliation Conference' 'section 34 Agreement' 'consent Orders']

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Procedural Posture

Class 3 Land Acquisition Compensation Proceedings / Conciliation Conference; Agreement Reached Between the Parties and Consent Orders Made

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 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 on compensation for the compulsory acquisition."]

Ratio Decidendi

Because the parties reached an agreement at or after the conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3)(a) required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

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

Orders

  • ['For the purpose of section 68(1) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW), compensation is determined in the amount of $655,964.50, exclusive of statutory interest and costs, in respect of the compulsory acquisition of a freehold interest in Lot 9 in Deposited Plan 1203637, being part of the...