Sylvia Vella v Roads & Maritime Services [2016] NSWLEC 1556

Sylvia Vella v Roads & Maritime Services [2016] NSWLEC 1556

The parties reached an agreement as to the terms of a decision in a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, which the Court was satisfied it could have made in the proper exercise of its functions; accordingly, the Court made orders in accordance with the agreement.

Parties
First Applicant: Sylvia Vella; Second Applicant: Lilly Ryan; Third Applicant: Anthony Azzopardi; Respondent: Roads & Maritime Services
Jurisdiction
Australia
Judgment Date
23 November 2016
Procedural Posture
Development Application Compensation / Conciliation Conference and Final Orders
Outcome
Orders made in terms of parties’ agreement under s 34(3) of Land and Environment Court Act 1979; compensation determined; costs agreement recorded.
Legal Topics
Compulsory Acquisition, Just Terms Compensation, Section 34 Agreement
Land and Environment Compulsory Acquisition Just Terms Compensation Section 34 Agreement

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Parties

Sylvia Vella

First Applicant

Lilly Ryan

Second Applicant

Anthony Azzopardi

Third Applicant

Roads & Maritime Services

Respondent

Procedural Posture

Development Application Compensation / Conciliation Conference and Final Orders

Legal Issues

  1. 1 What compensation is payable to the Applicants for the compulsory acquisition of their property?
  2. 2 Are the terms of the parties’ agreement ones the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979?

Ratio Decidendi

The parties reached an agreement as to the terms of a decision in a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, which the Court was satisfied it could have made in the proper exercise of its functions; accordingly, the Court made orders in accordance with the agreement.

Court Disposition

Orders made in terms of parties’ agreement under s 34(3) of Land and Environment Court Act 1979; compensation determined; costs agreement recorded.

Orders

  • Compensation is determined in the sum of $930,800.00 for the acquisition of Lot 9 in Deposited Plan 1205982, being part of land in Certificate of Title 2/213579, known as 162 South Street, Marsden Park.
  • Applicants to execute and deliver deed of release and indemnity in specified form within 28 days.