Joseph Azzopardi v Roads and Maritime Services [2017] NSWLEC 1141

Land and Environment Court New South Wales

Medium Neutral Citation: Joseph Azzopardi v Roads and Maritime Services [2017] NSWLEC 1141 Hearing dates: Conciliation conference on 20 March 2017 Date of orders: 23 March 2017 Decision date: 23 March 2017 Jurisdiction: Class 3 Before: Dixon C Decision: See (4) below Catchwords: COMPULSORY ACQUISITION OF LAND: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Joseph Azzopardi (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: A Seymour (Applicant) B Tronson (Respondent) Solicitor: Mr B Coode, Coode & Corry Solicitors (Applicant) Mr L Camenzuli, Corrs Chambers Westgarth (Respondent) File Number(s): 2016/361616 Publication restriction: No

Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. 3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979 are: 1. Compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) for the compulsory acquisition on 29 July 2016 of the applicant's interest in Lot 9 in DP1218381 (known as part of 1592 The Northern Road, Bringelly NSW) is determined in the sum of $250,000. 2. Within 28 days of the later of either the date the Court issues sealed Consent Orders or the date the respondent receives a duly executed deed of release and indemnity and direction as to payment form, the respondent must pay to the applicant the amount of compensation referred to in paragraph (2)(a), plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act. 3. The respondent is to pay the applicant's costs of the proceedings on a party-party basis as agreed or assessed. ………………………. Commissioner Dixon