D'Angola v Transport for NSW [2023] NSWLEC 1598

D'Angola v Transport for NSW [2023] NSWLEC 1598

Because the applicants were the registered proprietors before acquisition, the proposed acquisition notice, acquisition notice, Valuer General determination and compensation notice had been issued, the objection was commenced within 90 days, and the parties reached a s 34 agreement on compensation, the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions and was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Class 3 Compulsory Acquisition Compensation Appeal / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; compensation determined by agreement in the sum of $1,591,767.50 plus statutory interest on the balance, with costs to the Applicants.
Legal Topics
['compensation for Acquisition of Land' "valuer General's Determination of Compensation" 'section 34 Conciliation Conference' 'just Terms Compensation' 'statutory Interest' 'costs']
['compulsory Acquisition' 'land and Environment Court Procedure'] ['compensation for Acquisition of Land' "valuer General's Determination of Compensation" 'section 34 Conciliation Conference' 'just Terms Compensation' 'statutory Interest' 'costs']

Case Brief

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Procedural Posture

Class 3 Compulsory Acquisition Compensation Appeal / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court had jurisdiction to determine the applicants' objection to compensation for the compulsory acquisition of Lot 7 in DP 1280432." 'Whether the agreement reached at the s 34 conciliation conference was a decision the Court could have made in the proper exercise of its functions.' 'What compensation should be determined pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991.']

Ratio Decidendi

Because the applicants were the registered proprietors before acquisition, the proposed acquisition notice, acquisition notice, Valuer General determination and compensation notice had been issued, the objection was commenced within 90 days, and the parties reached a s 34 agreement on compensation, the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions and was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; compensation determined by agreement in the sum of $1,591,767.50 plus statutory interest on the balance, with costs to the Applicants.

Orders

  • ['The appeal is upheld.' 'Compensation is determined in the sum of $1,591,767.50 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) for the acquisition of Lot 7 in DP 1280432, being part of the property known as 1-19 Mandalong Road Orchard Hills.' 'The Respondent is to pay...