Graeme Arthur Somers v Transport for NSW [2023] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: Graeme Arthur Somers v Transport for NSW [2023] NSWLEC 1050 Hearing dates: Conciliation conference on 18 March 2022, 12 August 2022, 2 September 2022, 19 September 2022, 4 October 2022, 8 November 2022, 22 November 2022 and 6 December 2022 Date of orders: 08 February 2023 Decision date: 08 February 2023 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is upheld. (2) Compensation is determined in the sum of $1,363,378.73 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition of land known as Lots 20, 21, 22, 23, and 27 in Deposited Plan 1257827 and Lot 63 Deposited Plan 1267682, exclusive of any existing easements, being parts of the land in Certificates of Title 387/750179, Auto Consol 7715-14, 2/1129859, 1/1129859, 3/606056 and 2/606056. (3) Within 28 days of the later of either the date the Court issues sealed Consent Judgement Orders or the date the Respondent receives a duly executed deed of release and indemnity, direction as to payment form, claim for compensation form and an 88E(3) restriction on the use of land instrument, the Respondent must pay to the Applicants the amount of compensation referred to in order (2), less any advance payment already made, plus interest calculated in accordance with sections 49 and 50 of the Just Terms Act. (4) The Respondent is to pay the Applicants' costs of proceedings on an ordinary basis as agreed or assessed. Catchwords: COMPULSORY ACQUISITION – conciliation conference – compensation – agreement between the parties - orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 10A,11, 12, 13, 41, 54, 55, 56, 58, 59, 66, 68 Land and Environment Court Act 1979, ss 19, 24, 25, 34 Category: Principal judgment Parties: Graeme Arthur Somers (Applicant 1) Margaret Leigh Somers (Applicant 2) Ross James Armstrong (Applicant 3) Marcelle Dawn Armstrong (Applicant 4) Transport for NSW (Respondent) Representation: Counsel: M Astill (Applicant) A Pearman (Respondent)