Thornton v Hawkesbury City Council [2023] NSWLEC 1398

Land and Environment Court New South Wales

Medium Neutral Citation: Thornton v Hawkesbury City Council [2023] NSWLEC 1398 Hearing dates: Conciliation conference on 14 July 2023. Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Compensation is determined in the sum of $1,650,000.00, inclusive of interest on unpaid amounts, pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of: (a) Lot 31 in DP 1268597; (b) Lot 32 in DP 1268597; (c) Right of carriage way 15 wide and variable marked (A) and shown over Lot 33 DP 1268597; (d) Right of carriage way 7.5 wide and variable marked (B) and shown over Lot 33 DP 1268597; and (e) Easement for services 7.5 wide and variable marked (C) and shown over Lot 33 DP 1268597; being part of 130 Hall Street, Pitt Town NSW 2756. (3) The Respondent is to pay the Applicants the amount of compensation referred to in Order 2, less the advance payment already paid to the Applicants, within 28 days of the date that the Court issues these orders. (4) No order as to costs. Catchwords: COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 ss 19, 55, 66 Land and Environment Court Act 1979 ss 19, 34 Category: Principal judgment Parties: Christopher Michael Thornton (First Applicant) Cathlyn Mary Thornton (Second Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: K Nguyen (Solicitor)(Applicant) R McCulloch (Solicitor)(Respondent)