Hammond v Transport for New South Wales [2020] NSWLEC 1168

Hammond v Transport for New South Wales [2020] NSWLEC 1168

The Court is satisfied the parties' agreed decision for compensation in the amount of $120,000 is one that could have been made in the proper exercise of the Court's functions, and is therefore required to make orders in those terms.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Objection to Offer of Compensation (class 3) / Final Determination Following Conciliation Conference
Outcome
Compensation determined by agreement at $120,000; statutory interest and costs ordered.
Legal Topics
['compensation Determination' 'conciliation Conference' 'agreement Between Parties']
['compulsory Acquisition' 'property Law'] ['compensation Determination' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Objection to Offer of Compensation (class 3) / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['What is the appropriate amount of compensation payable to the applicant for compulsory acquisition under section 55 of the Land Acquisition (Just Terms Compensation) Act 1991?']

Ratio Decidendi

The Court is satisfied the parties' agreed decision for compensation in the amount of $120,000 is one that could have been made in the proper exercise of the Court's functions, and is therefore required to make orders in those terms.

Court Disposition

Compensation determined by agreement at $120,000; statutory interest and costs ordered.

Orders

  • ['Compensation determined at $120,000 (including GST) for the acquisition of Lot 3 DP1249353, part of 212 George Street, Parramatta.' 'Respondent to pay statutory interest on compensation in accordance with sections 49 and 50 of the Just Terms Act.' 'Applicants to complete and deliver deed of release, indemnity, and...