Evagelakos v Roads and Traffic Authority of New South Wales [2006] NSWLEC 514

Land and Environment Court of New South Wales

CITATION : Evagelakos v Roads and Traffic Authority of New South Wales [2006] NSWLEC 514

APPLICANTS: Spiros Evagelakos and PARTIES : Helen Evagelakos

RESPONDENT: Roads and Traffic Authority of New South Wales

FILE NUMBER(S) : 30112 of 2005

CORAM: Biscoe J

KEY ISSUES: Compulsory Acquisition of Land :- acceptance of statutory offer under Land Acquisition (Just Terms Compensation) Act 1991 after objection lodged with the Court and during the hearing – applicants to pay the respondent's costs.

LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991

CASES CITED: Niezabitowski v Roads and Traffic Authority of New South Wales [2006] NSWLEC 462

DATES OF HEARING: 31/07/2006, 01-03/08/2006

EX TEMPORE JUDGMENT DATE : 08/03/2006

APPLICANTS: Mr P McEwen SC SOLICITORS Colin Biggers & Paisley LEGAL REPRESENTATIVES:

RESPONDENT: Mr P Tomasetti, barrister SOLICITORS Corrs Chambers Westgarth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

3 August 2006

30112 of 2005

SPIROS EVAGELAKOS AND ANOR v ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES

JUDGMENT 1 HIS HONOUR: This is the fourth day of the hearing of this compulsory acquisition matter. I was informed this morning that the applicants have accepted the statutory offer under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). In my opinion, the acceptance of the statutory offer is effective: see my recent judgment in Niezabitowski v Roads and Traffic Authority of New South Wales [2006] NSWLEC 462.