Brown v Transport for New South Wales [2023] NSWLEC 1309

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Transport for New South Wales [2023] NSWLEC 1309 Hearing dates: Conciliation Conference on 10 March 2023 Date of orders: 20 June 2023 Decision date: 20 June 2023 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders: (1) Compensation is determined in the sum of $595,000 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lot 10 in Deposited Plan 1278784, being part of 81 Army Camp Road, Glenridding NSW 2330. (2) The Respondent is to pay the Applicants the amount of compensation referred to in Order 1, less the advance already paid, plus statutory interest on the balance of compensation calculated in accordance with sections 49 and 50 of the Land Acquisition (Just Terms Compensation) Act 1991. (3) Within 28 days of the later of: (a) the date the Court issues its orders; or (b) the date on which the Respondent receives a duly executed deed of release and indemnity, direction as to payment form and restriction on the use of the land instrument pursuant to section 88E(3) of the Conveyancing Act 1919 from the Applicants, the Respondent is to pay the Applicants the amount of compensation referred to in Order 2. Catchwords: COMPULSORY ACQUISITION – objection to the amount of compensation offered by the Respondent – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919, s 88E Land Acquisition (Just Terms Compensation) Act 1991, ss 49, 50, 55, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: John Henry Brown (First Applicant) Margaret Elaine Brown (Second Applicant) Transport for New South Wales (Respondent) Representation: Counsel: J McKelvey (Applicants) A Hemmings (Respondent)