Rhonda Jones & Ors v Road and Maritime Services [2017] NSWLEC 1655

Rhonda Jones & Ors v Road and Maritime Services [2017] NSWLEC 1655

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the 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 and made final orders determining compensation in the sum of $228,130 for the acquisition.

Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Class 1 Proceedings / Final Orders by Agreement After Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Final orders made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'compensation for Acquisition' 'costs' 'statutory Interest']
['land Acquisition Compensation' 'planning and Environment'] ['conciliation Conference' 'agreement Between the Parties' 'compensation for Acquisition' 'costs' 'statutory Interest']

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Procedural Posture

Class 1 Proceedings / Final Orders by Agreement After Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." "What orders should give effect to the parties' agreement, including compensation for the acquisition of Lot 111 in Deposited Plan 1205972."]

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 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 and made final orders determining compensation in the sum of $228,130 for the acquisition.

Court Disposition

Final orders made to give effect to 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 s.34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner Maston, as to the terms of a decision in the proceedings that would be...