Canterbury-Bankstown Council v Transport for New South Wales [2020] NSWLEC 1424

Land and Environment Court New South Wales

Medium Neutral Citation: Canterbury-Bankstown Council v Transport for New South Wales [2020] NSWLEC 1424 Hearing dates: Conciliation conference on 5 August 2020 Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders that: (1) Compensation, having regard to the matters listed to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), is determined in the sum of $467,403 as full settlement of the Applicant's claim for compensation for the compulsory acquisition of all that piece or parcel of land situated in the Canterbury-Bankstown Council area, Parish of St George and County of Cumberland, shown as Lot 101 Deposited Plan 1251456, being part of the land in Certificate of Title 1/1126546 on 13 September 2019. (2) Within 28 days of the later of the date that the Respondent receives a duly executed Deed of Release and Indemnity and Direction as to Payment form and a copy of the KGR Property Works Plan (DS2016/000442 Final Issue Date 15.02.19) (1 sheet) (PWP) signed by the Applicant, the Respondent must pay to the Applicant the amount of compensation referred to in Order (1), less any advance payment made pursuant to sections 48 and 68(2) of the Act, plus statutory interest and investment earnings calculated in accordance with sections 45 and 50 of the Act. The Court notes that the Respondent shall pay the Applicant's reasonable costs of the proceedings as agreed or as assessed, and there is to be no interest payable on costs. The Court further notes that the Applicant agrees that it will sign the PWP, thereby agreeing to the PWP, before the Respondent pays any compensation to the Applicant in accordance with Order (2). The Deed of Release and Indemnity will also address the PWP. Catchwords: COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 Category: Principal judgment Parties: Canterbury-Bankstown Council (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: M Bonanno (Solicitor) (Applicant) A Hemmings (Respondent)