The Imaginenations Church Holdings Ltd v Roads and Maritime Services [2019] NSWLEC 1379

Land and Environment Court New South Wales

Medium Neutral Citation: The Imaginenations Church Holdings Ltd v Roads and Maritime Services [2019] NSWLEC 1379 Hearing dates: Conciliation conference on 1 August 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Jurisdiction: Class 3 Before: Maston AC Decision: The Court orders: (1) Compensation is determined in the sum of $582,469.69 pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), for the acquisition of Lot 129 in DP1224009, being part of the property known as 1840 The Northern Road, Orchard Hills. (2) Within 28 days of the later of either the date the Court issues sealed Consent Judgment 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 Order (1), less the advance payment already made, 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 these proceedings on the ordinary basis as agreed or assessed. 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: The Imaginenations Church Holdings Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: I Hemmings SC with M Seymour (Applicant) B Tronson (Respondent)