AKS SERVICE CITY SMASH PTY LTD v ROADS AND MARITIME SERVICES [2017] NSWLEC 1258

AKS SERVICE CITY SMASH PTY LTD v ROADS AND MARITIME SERVICES [2017] NSWLEC 1258

Because the parties reached an agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed terms without a merit assessment of the original issues in dispute.

Jurisdiction
Australia
Judgment Date
02 May 2017
Procedural Posture
Class 3 Compulsory Acquisition of Land Proceedings / Conciliation Conference; Final Orders by Agreement Under S 34(3) 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' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['compulsory Acquisition of Land' 'land and Environment Court Procedure'] ['conciliation Conference' 'agreement Between the Parties' 'compensation for Acquisition' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 3 Compulsory Acquisition of Land Proceedings / Conciliation Conference; Final Orders by 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 that 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 at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed terms without a merit assessment of the original issues in dispute.

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 2 May 2017 pursuant to s.34 of the Land and Environment Court Act 1979, presided over by Acting Commissioner Parker, as to the terms of a decision in the proceedings that would be acceptable to...