Westwood Accountants & Advisors Pty Ltd v Roads and Maritime Services [2018] NSWLEC 1490

Land and Environment Court New South Wales

Medium Neutral Citation: Westwood Accountants & Advisors Pty Ltd v Roads and Maritime Services [2018] NSWLEC 1490 Hearing dates: Conciliation conference on 17 September 2018 Date of orders: 17 September 2018 Decision date: 17 September 2018 Jurisdiction: Class 3 Before: Maston AC Decision: See [4] below Catchwords: COMPULSORY ACQUISITION OF LAND: conciliation conference; agreement between the parties; orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Category: Principal judgment Parties: Westwood Accountants & Advisors Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: K Lindeman (Respondent)

Solicitors: T Mills, Rigelsford Jensen & Co Incorporating Mills Lawyers (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s): 2018/185840 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. Compensation is determined in the sum of $377,573.78 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), plus statutory interest calculated in accordance with sections 49 and 50 of the Just Terms Act, for the acquisition of the leasehold interest in Lot 1 in DP 82718 and Lot B in DP 359751 (being the premises known as "Suite 1, ground floor and whole of ground floor and part of car park of 164 Parramatta Road, Camperdown, NSW 2520"). 2. The applicant is to duly complete and deliver to the respondent the deed of release and indemnity and direction as to payment issued by the respondent within 28 days of the final orders in these proceedings. 3. Within 28 days of the respondent receiving the duly completed release and indemnity and direction as to payment, the respondent is to pay the compensation less any advance moneys paid. 4. The respondent is to pay the applicant's reasonable costs as agreed or assessed subject to the production of invoices and receipts. There is to be no interest payable on costs. ………………………. John Maston Acting Commissioner of the Court DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 19 September 2018