Pham v Transport for NSW [2024] NSWLEC 1284

Land and Environment Court New South Wales

Medium Neutral Citation: Pham v Transport for NSW [2024] NSWLEC 1284 Hearing dates: Conciliation Conference on 11 December 2023 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders: (1) Compensation is determined in the sum of $3,100,000 pursuant to s 55 of the Land Acquisition Act (Just Terms Compensation) Act 1991 (the Act) for the acquisition of Lot 15 in Deposited Plan 1266923 being part of 1383 -1411 Elizabeth Drive, Kemps Creek NSW 2178. (2) The Respondent is to pay the Applicants the amount of compensation referred to in Order 1, less the advance already paid, plus statutory interest on the balance of the compensation calculated in accordance with ss 49 and 50 of the Act. (3) Within 28 days of the later of: (a) the date the Court issues its orders; and (b) the date on which the Respondent receives a duly executed deed of release and indemnity and direction as to payment form and restriction on the use of the land instrument pursuant to s 88E(3) of the Conveyancing Act 1919 from the Applicants; the Respondent is to pay the Applicants the amount of compensation referred to in Order 2. Catchwords: COMPULSORY ACQUISITION – objection to the amount of compensation offered by the Respondent – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919, s 88E(3) Land Acquisition (Just Terms Compensation) Act 1991, ss 49, 50, 55, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Tuong Gia Pham (First Applicant) Han Trang Pham (Second Applicant) Transport for New South Wales (Respondent) Representation: Counsel: T Poisel (Applicants) B Tronson (Respondent)