D'Angola v Transport for NSW [2023] NSWLEC 1598

Land and Environment Court New South Wales

Medium Neutral Citation: D'Angola v Transport for NSW [2023] NSWLEC 1598 Hearing dates: Conciliation Conference on 14 September 2023 Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is upheld. (2) Compensation is determined in the sum of $1,591,767.50 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991(Just Terms Act) for the acquisition of Lot 7 in DP 1280432, being part of the property known as 1-19 Mandalong Close, Orchard Hills. (3) The Respondent is to pay the Applicants 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 Just Terms Act. (4) Within 28 days of the later of: (a) the date the court issues its orders; and (b) the date on which the Respondent receives an original duly executed deed of release and indemnity and direction as to payment form from the applicants; the Respondent is to pay the Applicants the amount of compensation referred to in Order (2). (5) The Respondent is to pay the Applicants' costs of proceedings on an ordinary basis as agreed or assessed. Catchwords: COMPULSORY ACQUISITION – conciliation conference – compensation – agreement between the parties - orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 42, 49, 50, 55, 66 Land and Environment Court Act 1979, ss 19, 24,25,34 Category: Principal judgment Parties: Michael D'Angola (First Applicant) Antonina D'Angola (Second Applicant) Transport for NSW (Respondent) Representation: Counsel: M Astill (Applicants) E Dunlop (Respondent)