LW & EBR Peeck & Sons Pty Ltd v Regional Growth NSW Development Corporation [2023] NSWLEC 1617

Land and Environment Court New South Wales

Medium Neutral Citation: LW & EBR Peeck & Sons Pty Ltd v Regional Growth NSW Development Corporation [2023] NSWLEC 1617 Hearing dates: Conciliation Conference on 5 October 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders: (1) In compensation for the compulsory acquisition by the Respondent on 5 August 2022 of Lot 25 in Deposited Plan 1228218 and Lot 26 in Deposited Plan 1228218, the Respondent will pay the Applicant the following amounts: (a) $11,350,000 in market value pursuant to ss 55(a) and 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act); and (b) $170,000 for legal costs and valuation fees, pursuant to ss 55(d) and 59(1)(a) and (b), of the Just Terms Act. (2) The Applicant will complete and deliver to the Respondent the Deed of Release and Indemnity and Direction as to Payment (Forms) within 28 days of a sealed judgment (3) The Respondent will pay the compensation referred to in Order (1) above, less any advance payment already made, plus statutory interest calculated in accordance with ss 49 and 50 of the Just Terms Act within 28 days of the Respondent receiving the duly completed Forms. (4) The Respondent will pay the Applicant's costs of the proceedings in the amount of $30,000 within 28 days of the Respondent receiving the duly completed Forms. There is to be no interest payable on costs of the proceedings. 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, 56, 59, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: LW & EBR Peeck & Sons Pty Ltd (Applicant) Regional Growth NSW Development Corporation (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) M Astill (Respondent)