Jensen v Transport for New South Wales [2021] NSWLEC 1706

Land and Environment Court New South Wales

Medium Neutral Citation: Jensen v Transport for New South Wales [2021] NSWLEC 1706 Hearing dates: Conciliation Conference on 27 October 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Class 3 Before: Knight AC Decision: The Court orders: 1) Compensation is determined in the sum of $827,861.80, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of Lot 5 in Strata Plan 32423, being known as Unit 5, 1-3 Morden Street, Cammeray. 2) The Applicants are to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment generally in the same form as that enclosed with the statutory offer of compensation made by the Respondent on10 May 2021 within 28 days of the final orders in these proceedings. 3) Payment of the amount in Order 1 (less any advance payment already made pursuant to Part 3 of the Act) will be made within 28 days of the date that the Respondent received the duly executed deed of release and indemnity and direction as to payment form referred to in Order 2 above (Forms). 4) The Respondent has agreed to pay the Applicants' reasonable costs as agreed or assessed subject to the production of invoices and receipts. There is to be no interest payable on costs. Catchwords: COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 43, 49, 50, 55, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Philip Michael Jensen (First Applicant) Christine Ivankovic (Second Applicant) Transport for New South Wales (Respondent) Representation: Counsel: N Eastman (Counsel) (Applicant) J Mc Kelvey (Counsel) (Respondent)