Warren David O'Brien v Roads and Maritime Services [2017] NSWLEC 1112

Warren David O'Brien v Roads and Maritime Services [2017] NSWLEC 1112

The Court is required to make orders in terms of the agreement reached by the parties at a conciliation conference if satisfied the decision is of a kind it could properly make; here, the Commissioner made such orders as the agreement satisfied these criteria.

Parties
First Applicant: Warren David O'Brien; Second Applicant: Pauline Louise Lockie; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Class 3 Compensation / Conciliation Conference With Final Orders
Outcome
Agreed orders made pursuant to conciliation; compensation determined and costs ordered.
Legal Topics
Conciliation Conference, Compensation for Compulsory Acquisition
Land Acquisition Compensation Law Conciliation Conference Compensation for Compulsory Acquisition

Case Brief

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Parties

Warren David O'Brien

First Applicant

Pauline Louise Lockie

Second Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Class 3 Compensation / Conciliation Conference With Final Orders

Legal Issues

  1. 1 Whether to approve the agreed compensation and terms between parties under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court is required to make orders in terms of the agreement reached by the parties at a conciliation conference if satisfied the decision is of a kind it could properly make; here, the Commissioner made such orders as the agreement satisfied these criteria.

Court Disposition

Agreed orders made pursuant to conciliation; compensation determined and costs ordered.

Orders

  • Compensation determined in the sum of $1,850,000 (incl GST) for the compulsory acquisition of Lot 6 in Deposited Plan 1105627 (4 Brown Street, St Peters).
  • Applicants to complete and deliver deed of release, indemnity, and payment direction within 28 days.