Hatch v Transport for New South Wales [2023] NSWLEC 1402

Land and Environment Court New South Wales

Medium Neutral Citation: Hatch v Transport for New South Wales [2023] NSWLEC 1402 Hearing dates: Conciliation conference on 20 February, 23 June and 5 July 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Class 3 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Compensation is determined in the sum of $1,080,000.00 pursuant to s 55 of the Land Acquisition (Just Terms Act) 1991 for the acquisition of Lot 1 in Deposited Plan 999044, known as 33 Waterworks Lane, Glenridding NSW 2330. (3) The Respondent is to pay the Applicant the amount of compensation referred to in Order (2), less the advance already paid, plus statutory interest on the balance of compensation calculated in accordance with ss 49 and 50 of the Land Acquisition (Just Terms Act) 1991, 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, and a direction as to payment from the Applicant. Catchwords: COMPULSORY ACQUISITION – objection to amount of compensation offered – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 ss 4, 10A 19, 20, 24, 25, 41, 49, 50, 55, 59, 66 Land and Environment Court Act 1979 ss 17, 24, 25,34 Singleton Local Environmental Plan 2013 Category: Principal judgment Parties: Rebecca Michelle Hatch (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: J McKelvey (Applicant) A Hemmings (Respondent)