Jensen v Transport for New South Wales [2021] NSWLEC 1706

Jensen v Transport for New South Wales [2021] NSWLEC 1706

The Court accepted the conciliated agreement between the applicants and respondent as being within its powers and functions, and ordered compensation of $827,861.80 with associated procedural steps and costs, in accordance with the relevant statutory framework.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Compulsory Acquisition Objection / Final Orders Following Conciliation Conference
Outcome
Compensation ordered in favour of applicants as per conciliated agreement
Legal Topics
['just Terms Compensation' 'land Acquisition' 'compulsory Acquisition Procedure']
['property Law' 'compulsory Acquisition'] ['just Terms Compensation' 'land Acquisition' 'compulsory Acquisition Procedure']

Case Brief

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Procedural Posture

Compulsory Acquisition Objection / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Determination of compensation for compulsory acquisition' "Whether the parties' agreement could be made as an order of the Court"]

Ratio Decidendi

The Court accepted the conciliated agreement between the applicants and respondent as being within its powers and functions, and ordered compensation of $827,861.80 with associated procedural steps and costs, in accordance with the relevant statutory framework.

Court Disposition

Compensation ordered in favour of applicants as per conciliated agreement

Orders

  • ['Compensation determined in the sum of $827,861.80, pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991, for acquisition of Unit 5, 1-3 Morden Street, Cammeray.' 'Applicants to complete deed of release and indemnity and direction as to payment in form provided with statutory offer, within 28...