Shu v Cumberland Council [2021] NSWLEC 1459

Land and Environment Court New South Wales

Medium Neutral Citation: Shu v Cumberland Council [2021] NSWLEC 1459 Hearing dates: Conciliation Conference on 14 July 2021 Date of orders: 11 August 2021 Decision date: 11 August 2021 Jurisdiction: Class 1 Before: Kempthorne AC Decision: The Court orders: (1) Market Value determined in the sum of $925,000.00, pursuant to s 55(a) of the Land Acquisition Act (Just Terms Compensation Act 1991 NSW (Just Terms Act), for the acquisition of Lot 2 in Section 16 Deposited Plan 939788 otherwise known as 45 Karrabah Road, Auburn in the State of New South Wales. (2) Legal Costs determined in the sum of $16,831.50 (inclusive of GST), pursuant to s 59(1)(a) of the Just Terms Act. (3) Valuation costs determined in the sum of $6,600.00 (inclusive of GST), pursuant to s 59(1)(b) of the Just Terms Act. (4) Stamp Duty determined in the sum of $36,852.00 pursuant to s 59(1)(d) of the Just Terms Act. (5) Other financial costs determined in the sum of $16,145.60 (inclusive of GST), pursuant to s 59(1)(f) of the Just Terms Act. (6) Disadvantage resulting from relocation determined in the amount of $81,003.00 pursuant to s 60 of the Just Terms Act. (7) Within 28 days of the later of either the date the Court issues sealed Consent Judgement Orders or the date the Respondent receives a duly executed deed of release and indemnity and direction as to payment form, the Respondent must pay to the Applicant the amount of compensation referred to in Orders (1) to (6) above, less the advance payment already made, plus statutory interest calculated in accordance with ss 49 and 50 of the Just Terms Act. (8) The Respondent is to pay the Applicants' cost of the proceedings, as agreed or failing agreement as assessed. Catchwords: COMPULSORY ACQUISITION – objection to the amount of compensation offered by the Respondent – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 43, 47, 48, 49, 50, 54, 55, 56, 58, 59, 60, 66, 67 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: David Shu (First Applicant) Jingru Li (Second Applicant) Cumberland Council (Respondent) Representation: Counsel: D Newhouse (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)