Elmon Pty Ltd v Roads and Maritime Services [2016] NSWLEC 168

Elmon Pty Ltd v Roads and Maritime Services [2016] NSWLEC 168

Once the statutory offer by the Valuer-General is accepted by the applicants in accordance with s 44(1), no issue of quantum remains to be determined by the Court, and the compensation amount is fixed in accordance with the statutory determination, even if proceedings have commenced.

Parties
First Applicant: Elmon Pty Ltd; Second Applicant: Lastep Pty Ltd; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Compulsory Acquisition Compensation Proceedings / Post Filing, Hearing on Acceptance of Valuer General's Determination and Orders
Outcome
Compensation determined and orders made as per applicants' acceptance of Valuer-General's determination; costs reserved.
Legal Topics
Valuer General's Determination, Acceptance of Compensation Determination After Commencement of Proceedings, Land Acquisition (just Terms Compensation) Act 1991
Compulsory Acquisition Property Law Valuer General's Determination Acceptance of Compensation Determination After Commencement of Proceedings Land Acquisition (just Terms Compensation) Act 1991

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Parties

Elmon Pty Ltd

First Applicant

Lastep Pty Ltd

Second Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Compulsory Acquisition Compensation Proceedings / Post Filing, Hearing on Acceptance of Valuer General's Determination and Orders

Legal Issues

  1. 1 Whether former owners can accept the Valuer General's determination of compensation after commencement of proceedings; Whether such acceptance is still open once proceedings have commenced

Ratio Decidendi

Once the statutory offer by the Valuer-General is accepted by the applicants in accordance with s 44(1), no issue of quantum remains to be determined by the Court, and the compensation amount is fixed in accordance with the statutory determination, even if proceedings have commenced.

Court Disposition

Compensation determined and orders made as per applicants' acceptance of Valuer-General's determination; costs reserved.

Orders

  • Compensation determined in the sum of $3,114,540 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for compulsory acquisition on 28 August 2015 of specified land.
  • Within 28 days of receipt of duly executed Deed of Release and Indemnity and Direction as to Payment form, respondent must pay to applicants the amount of compensation less $2,803,086 already advanced, plus statutory interest as per ss 49 and 50 of the Act.