Jones v Singleton Council [2021] NSWLEC 1564

Jones v Singleton Council [2021] NSWLEC 1564

Because the parties reached agreement at the conciliation conference and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Class 3 Objection to an Offer of Compensation Arising From Compulsory Acquisition / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Compensation determined and final orders made in accordance with the parties' agreement.
Legal Topics
['objection to Compensation Offer' 'conciliation Conference' 'agreement Between the Parties' 'determination of Compensation' 'costs']
['compulsory Acquisition' 'land Compensation'] ['objection to Compensation Offer' 'conciliation Conference' 'agreement Between the Parties' 'determination of Compensation' 'costs']

Case Brief

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Procedural Posture

Class 3 Objection to an Offer of Compensation Arising From Compulsory Acquisition / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions" 'What compensation should be determined for the acquisition of Lot 1 in Deposited Plan 1228853']

Ratio Decidendi

Because the parties reached agreement at the conciliation conference and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Compensation determined and final orders made in accordance with the parties' agreement.

Orders

  • ['Compensation is determined in the sum of $42,774.45, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of the whole of Lot 1 in Deposited Plan 1228853, being part of the land comprised in Certificate of Title Folio 2/1092168, being part of the land commonly known...