Scott v Regional Growth NSW Development Corporation [2023] NSWLEC 1779

Land and Environment Court New South Wales

Medium Neutral Citation: Scott v Regional Growth NSW Development Corporation [2023] NSWLEC 1779 Hearing dates: Conciliation conference on 22 November 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Class 3 Before: Peatman AC Decision: The Court orders: (1) The Respondent will pay the Applicants the following amounts in compensation pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 as set out below for the compulsory acquisition by the Respondent on 5 August 2022 of the land known as 1026 Olympic Highway, Bomen, being part Lot 42 in Deposited Plan 1215424 (now being Lot 421 in DP 1279081): (a) $960,000.00 in market value pursuant to ss 55(a) and 56; and (b) $28,348.85 for legal costs and valuation fees pursuant to ss 55(d) and 59(1)(a) and (b). (2) The Applicants 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)(a), less any advance payment already made, plus statutory interest calculated in accordance with ss 49 and 50 of the Land Acquisition (Just Terms Compensation) Act 1991 within 28 days of the Respondent receiving the duly completed Forms. 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 11, 12, 13, 41, 42, 49, 50, 55, 56, 59, 66 Land and Environment Court Act 1979, ss 19, 34 Category: Principal judgment Parties: Andrew Edmund Selwyn Scott (First Applicant) Jane Louise Scott (Second Applicant) Regional Growth NSW Development Corporation (Respondent) Representation: Counsel: T Poisel (First and Second Applicants) M Astill (Respondent)