Fraser v Transport for NSW [2019] NSWLEC 1257

Land and Environment Court New South Wales

Medium Neutral Citation: Fraser v Transport for NSW [2019] NSWLEC 1257 Hearing dates: Conciliation conference on 27 May 2019 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Class 3 Before: Parker AC Decision: The Court orders: (1) The objection is upheld (2) Compensation to be determined in the sum of $2,590,093.43, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Act), for the acquisition of Lot 3 in DP221501, being the whole of the property known as 5 Barney Street, North Parramatta. (3) The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity to be issued by the Respondent (being generally in accordance with the deed enclosed with the statutory offer of compensation made on 21 November 2018) within 28 days of sealed orders being issued in these proceedings. (4) Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction as to payment, the Respondent is to pay the compensation less any advanced compensation paid (Final Payment). (5) The Respondent is to pay statutory interest in respect of the Final Payment calculated in accordance with the Act. (6) The Respondent has agreed to pay the Applicant's reasonable costs of the proceedings on an ordinary basis, as agreed or assessed. Catchwords: COMPULSORY ACQUISITION – market value –disturbance – conciliation conference – agreement between the parties – orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Cases Cited: Adams v Valuer General [2014] NSWLEC 1005 Category: Principal judgment Parties: Ann Fraser (Applicant) Transport for NSW (Respondent) Representation: Counsel: B Tronson (Respondent)