Pham v Transport for NSW [2024] NSWLEC 1284

Pham v Transport for NSW [2024] NSWLEC 1284

Because the parties reached agreement on the compensation payable and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
30 May 2024
Procedural Posture
Class 3 Objection to Amount of Compensation for Compulsory Acquisition / Orders Following Agreement Reached at Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Compensation determined by agreement and orders made in accordance with the parties' s 34 agreement.
Legal Topics
['objection to Compensation' 'market Value' 'severance' 'disturbance' 'statutory Interest' 'section 34 Conciliation Agreement']
['compulsory Acquisition' 'land Compensation' 'land and Environment Court Procedure'] ['objection to Compensation' 'market Value' 'severance' 'disturbance' 'statutory Interest' 'section 34 Conciliation Agreement']

Case Brief

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Procedural Posture

Class 3 Objection to Amount of Compensation for Compulsory Acquisition / Orders Following Agreement Reached at Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with the agreement reached by the parties at the conciliation conference.' 'Whether the agreed compensation decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached agreement on the compensation payable and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Compensation determined by agreement and orders made in accordance with the parties' s 34 agreement.

Orders

  • ['Compensation is determined in the sum of $3,100,000 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of Lot 15 in Deposited Plan 1266923, being part of 1383 - 1411 Elizabeth Drive, Kemps Creek NSW 2178.' 'The Respondent is to pay the Applicants the amount of...