Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) No 2 [2013] NSWCA 12

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) No 2 [2013] NSWCA 12 Hearing dates: On the papers Decision date: 15 February 2013 Before: Beazley JA; Meagher JA; Tobias AJA Decision: The Orders made by the Court 11 December 2012 should be amended as follows: (a) Insert after Order 2 the following further order: "2(A) The appellant's claim for disturbance under s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991 is allowed at $41,880. (b) Add to Order 3 the following sub-paragraph: (iv) The appellant to repay to the respondent by 31 December 2014 the sum of $177,487.44 together with interest calculated from the date of payment. (c) Vacate Orders 4 and 6. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - variation of orders - variation pursuant to compromise of claim -

COMPULSORY ACQUISITION OF LAND - compensation - claim for losses attributable to disturbance Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Category: Procedural and other rulings Parties: Lynette Verlie Brock (Appellant) Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) (Respondent) Representation: Counsel: R D Marshall (Appellant) P Tomasetti SC with H Irish (Respondent) Solicitors: Bilbie Dan Solicitors (Appellant)Henry Davis York Solicitors (Respondent) File Number(s): CA206210 of 2011 Decision under appeal Date of Decision: 2010-11-29 00:00:00 Before: Sheahan J File Number(s): LEC30132 of 2009