Janchek v Transport for New South Wales [2021] NSWLEC 1336

Janchek v Transport for New South Wales [2021] NSWLEC 1336

Since the parties' agreement is a decision the Court could have made in the proper exercise of its functions, the Court is required to dispose of the proceedings in accordance with that agreement, thereby determining compensation at $2,050,000 for the compulsory acquisition.

Parties
First Applicant: Dimitri Janchek; Second Applicant: Wendy Ann Janchek; Respondent: Transport for New South Wales
Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Objection to Compensation for Compulsory Acquisition / Final Orders Following Conciliation Conference
Outcome
Final orders made by consent determining compensation and associated orders
Legal Topics
Compensation Determination, Land Acquisition Procedure
Compulsory Acquisition Land Law Compensation Determination Land Acquisition Procedure

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Parties

Dimitri Janchek

First Applicant

Wendy Ann Janchek

Second Applicant

Transport for New South Wales

Respondent

Procedural Posture

Objection to Compensation for Compulsory Acquisition / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether agreed compensation amount is appropriate for compulsory acquisition under the Just Terms Act
  2. 2 Whether parties' agreement can be made the order of the Court under s 34 of the Land and Environment Court Act 1979

Ratio Decidendi

Since the parties' agreement is a decision the Court could have made in the proper exercise of its functions, the Court is required to dispose of the proceedings in accordance with that agreement, thereby determining compensation at $2,050,000 for the compulsory acquisition.

Court Disposition

Final orders made by consent determining compensation and associated orders

Orders

  • Compensation is determined in the sum of $2,050,000.00 for the acquisition of Lot 22 in Deposited Plan 421, being the land formerly known as 174 Victoria Road, Rozelle.
  • Applicants to duly complete, execute and deliver to the Respondent the standard form deed of release and indemnity within 28 days, reflecting the agreement terms and finalising the matter on a full and final basis.