Minister for Education and Early Learning v Shoalhaven City Council [2023] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Minister for Education and Early Learning v Shoalhaven City Council [2023] NSWLEC 1164 Hearing dates: Conciliation Conference on 23 February 2023 Date of orders: 11 April 2023 Decision date: 11 April 2023 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders compensation for the compulsory acquisition of the Acquired Easements set out in Annexure A, the Respondent is to pay the Applicant the following amounts: (1) $120,000 in market value determined pursuant to section 55(a) of the Land Acquisition Act (Just Terms Compensation) Act 1991 (Just Terms Act); (2) $18,776.74 for legal costs, pursuant to sections 55(d) and 59(1)(a) of the Just Terms Act; (3) $4,000 for valuation fees, pursuant to sections 55(d) and 59(1)(a) of the Just Terms Act; (4) the Applicant's costs of the proceedings in the amount of $65,000; (5) within 28 days of this judgment, the Respondent must pay the Applicant the amount of compensation referred to in Orders (1), (2) and (3), plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act; and (6) within 28 days of a sealed judgment, the Respondent must pay the Applicant the amount of the Applicant's costs referred to in Order (4). Catchwords: COMPULSORY ACQUISITION – objection to the amount of compensation offered by the Respondent – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 49, 50, 55, 59, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Minister for Education and Early Learning (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J McKelvey (Applicant) B Tronson (Respondent)