Investron Pty Limited v Transport for NSW [2022] NSWLEC 1646

Land and Environment Court New South Wales

Medium Neutral Citation: Investron Pty Limited v Transport for NSW [2022] NSWLEC 1646 Hearing dates: Conciliation conference on 19 September 2022; 31 October 2022 Date of orders: 25 November 2022 Decision date: 25 November 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 $1,765,218.00, pursuant to section 55 of the Just Terms Act (Compensation Amount) in respect of the compulsory acquisition on 17 September 2021 of Lot 204 DP 1265951, exclusive of any existing easements, being part of the land in Certificate of Title 9/1043041 and said to be in the possession of Investron Pty Limited (registered proprietor) located at No. 33 Waterloo Road, Macquarie Park, in the Ryde City Council Area, Parish of Hunters Hill and County of Cumberland. (3) The respondent is to pay the applicant the Compensation Amount less any advance payment already paid plus any statutory interest pursuant to ss 49 and 50 of the Just Terms Act. (4) The respondent shall pay the applicant's costs of the proceedings as agreed or or assessed. 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: Investron Pty Limited (Applicant) Transport for NSW (Respondent) Representation: Counsel: I Hemmings SC with J Farrell (Applicant) A Hemmings with R Coffey (Respondent)