Boughton V Hawkesbury City Council [2024] NSWLEC 1337

Land and Environment Court New South Wales

Medium Neutral Citation: Boughton V Hawkesbury City Council [2024] NSWLEC 1337 Hearing dates: Conciliation Conference on 27 May 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Class 3 Before: Knight AC Decision: The Court orders that: (1) The appeal is upheld. (2) In compensation for the compulsory acquisition by the Respondent on 2 June 2023 of Lot 621 in DP 1270744, Lot 622 in DP 1270744 and Lot 624 in DP 1270744 at Mountain Lagoon NSW 2758 the Respondent will pay the Applicants: (a) $164,663.00 in market value pursuant to ss 55(a) and 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act). (b) $10,337.00 for legal costs and valuation fees pursuant to ss 55(d) and 59 of the Act. (3) The Respondent is to pay the Applicants the amount of compensation referred to in Order 2, less the advance payment already paid to the Applicants, within 28 days of the date of these orders. Catchwords: COMPULSORY ACQUISITION – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 43, 55, 56, 59, 66 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Bede Boughton (First Applicant) Brionna Boughton (Second Applicant) Anuna Boughton (Third Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: A Gough (Applicant) R McCulloch (Respondent)