Stoddart v Blacktown City Council [2022] NSWLEC 1453

Land and Environment Court New South Wales

Medium Neutral Citation: Stoddart v Blacktown City Council [2022] NSWLEC 1453 Hearing dates: Conciliation conference on 2 August 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Class 3 Before: Knight AC Decision: The Court orders: (1) The appeal is upheld. (2) For the purposes of section 68(1) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), compensation is determined in the sum of $1,400,000.00, pursuant to section 55 of the Just Terms Act (Compensation Amount) in respect of the compulsory acquisition on 13 November 2020 of 2B Advance Street, Schofields being Lot 6 DP 232241 (Land). (3) The applicant is to vacate the Land by no later than 30 January 2023. (4) The applicant is to provide the Respondent with a Foreign Resident Capital Gains Withholding Clearance Certificate that covers the date of acquisition. (5) If there was at the date of acquisition any mortgage, charge or other security interest over the Land, the applicant must pay any amount outstanding to each person who held such an interest. (6) The respondent is to pay the applicant the Compensation Amount less than any advance payment already paid plus any statutory interest pursuant to ss 49 and 50 of the Just Terms Act. (7) The respondent is to pay the applicant's costs of the proceedings, on an ordinary basis, 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 49, 50, 55, 66, 68 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Elizabeth Stoddart (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) M Astill (Counsel)(Respondent)