Jones v Singleton Council [2021] NSWLEC 1564

Land and Environment Court New South Wales

Medium Neutral Citation: Jones v Singleton Council [2021] NSWLEC 1564 Hearing dates: Conciliation conference on 13 September 2021 Date of orders: 05 October 2021 Decision date: 05 October 2021 Jurisdiction: Class 3 Before: Knight AC Decision: The Court orders that: (1) Compensation is determined in the sum of $42,774.45, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of the whole of Lot 1 in Deposited Plan 1228853, being part of the land comprised in Certificate of Title Folio 2/1092168, being part of the land commonly known as 2672 Carrowbrook Road, Carrowbrook. (2) The Applicants are to duly complete, execute and deliver to the Respondent the standard form deed of release and indemnity to be issued by the Respondent within 28 days of the final orders in these proceedings, with such deed to reflect these terms of agreement and provide for the subject matter of the proceedings being finalised on a full and final basis. (3) Within 28 days of the Respondent receiving the Applicants' duly completed and executed deed of release and indemnity and direction as to payment, the Respondent will pay the Applicants: (a) the Compensation less any advance compensation paid; and (b) statutory interest in respect of the Compensation calculated in accordance with the Just Terms Act. (4) The Respondent is to pay the Applicants' costs of the proceedings in the agreed sum of $26,002.63 plus GST. Catchwords: COMPULSORY ACQUISITION – 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, 66 Land and Environment Court Act 1979 s 34 Category: Principal judgment Parties: Michael Loyd Jones (First Applicant) Stephen Keith Jones (Second Applicant) Singleton Council (Respondent) Representation: Counsel: D Newhouse (Solicitor) (Applicants) L Nurpuri (Respondent)