Charan v Transport for NSW [2022] NSWLEC 1598

Land and Environment Court New South Wales

Medium Neutral Citation: Charan v Transport for NSW [2022] NSWLEC 1598 Hearing dates: Conciliation conference on 1 September 2022, 19 September 2022, 23 September 2022, 27 September 2022, and 6 October 2022. Date of orders: 01 November 2022 Decision date: 01 November 2022 Jurisdiction: Class 3 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Compensation is determined in the sum of $1,646,500.74 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of Lot 5 in Deposited Plan 23646 being the whole of the land known as 16 Webb Street, Riverwood NSW, 2210. (3) The Respondent is to pay the Applicant the amount of compensation referred to in Order (2), less any advance amount of compensation and/or interest thereon already paid pursuant to s 68 of the Land Acquisition (Just Terms Compensation) Act 1991, plus statutory interest on the balance of compensation calculated in accordance with ss 49 and 50 of the Land Acquisition (Just Terms Compensation) Act 1991 within 28 days of the later of: (a) The date of these Orders; and (b) The date on which the Respondent received a duly executed deed of release and indemnity together with direction as to payment from the Applicant. Catchwords: COMPULSORY ACQUISITION – conciliation conference – compensation - agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 ss 10, 11, 12, 13, 19, 20, 41, 54, 55,56, 59, 65, 66, 68 Land and Environment Court Act 1979 ss 19, 24, 25, 34 Category: Principal judgment Parties: Vineh Shailendra Charan (Applicant) Transport for NSW (Respondent) Representation: Counsel: M Seymour (Barrister)(Applicant) J McKelvey (Barrister)(Respondent)