Johal v Transport for New South Wales [2023] NSWLEC 1308

Land and Environment Court New South Wales

Medium Neutral Citation: Johal v Transport for New South Wales [2023] NSWLEC 1308 Hearing dates: Conciliation conference on 19 May 2023 Date of orders: 20 June 2023 Decision date: 20 June 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) Compensation is determined in the sum of $185,000 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) for the acquisition of the Applicant's leasehold interest in Lot 2 Deposited Plan 509010, also known as 171 West Korora Road, Coffs Harbour. (2) Within 28 days of the final orders in these proceedings, the Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment form issued by the Respondent. (3) Within 28 days of the Respondent receiving a duly completed deed of release and indemnity and direction as to payment form, the Respondent must pay to the Applicant the amount of compensation referred to in order (1), less any advance payment already made, plus interest calculated in accordance with sections 49 and 50 of the Just Terms Act. 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, 19, 47, 49, 50, 55, 66 Land and Environment Court Act 1979, ss 19, 34 Roads Act 1993 Category: Principal judgment Parties: Brian Kieran Singh Johal (Applicant) Transport for NSW (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) J McKelvey (Respondent)