Andrews v Transport for NSW [2023] NSWLEC 1568

Land and Environment Court New South Wales

Medium Neutral Citation: Andrews v Transport for NSW [2023] NSWLEC 1568 Hearing dates: Conciliation Conference on 7 and 29 June, 21 July, 16 and 30 August 2023 Date of orders: 27 September 2023 Decision date: 27 September 2023 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders: (1) Compensation is determined in the sum of $818,352.50 pursuant to s 55(a) and s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), for the acquisition of Lot 13 in Deposited Plan 1278784. (2) The Respondent will complete and finalise the list of Property Adjustment Works detailed in Annexure A. (3) Within 28 days of the later of either the date the Court issues sealed Consent Judgment Orders or the date the Respondent receives a hard copy of a duly executed 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 the advance payment already made, plus statutory interest calculated on the balance of compensation in accordance with ss 49 and 50 of the Just Terms Act. (4) The Respondent is to pay the Applicant's reasonable costs of the proceeding on an ordinary basis, as agreed or assessed. 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, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Gillian Andrews (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: T To (Applicant) A Hemmings (Respondent)