Corigliano v Liverpool City Council [2019] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: Corigliano v Liverpool City Council [2019] NSWLEC 1378 Hearing dates: Conciliation conference on 7 August 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Class 3 Before: Maston AC Decision: The Court orders: (1) Compensation is determined in the total sum of $3,950,000.00 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 ("the Act"), for the acquisition of the Applicant's interest in the whole of the land known as Lot 1 in Deposited Plan 1228502 located at 10 Croatia Avenue, Edmondson Park. (2) The Applicant is to duly complete and deliver to the Respondent the Deed of Release and Indemnity generally in the same form as that enclosed with the statutory offer of compensation made by the Respondent on 6 August 2018 within 28 days of the final orders in these proceedings. (3) Payment of the amount in Order (1) above (less any advance payment already made pursuant to Part 3 of the Act) will be made within 28 days of the date the Respondent received the duly executed Deed of Release and Indemnity. (4) The Respondent is to pay the Applicant's costs of these proceedings on a party/party basis as agreed or assessed. There is to be no interest payable on costs. Catchwords: COMPULSORY ACQUISITION – 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: Carmela Corigliano (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J McKelvey (Respondent)