Christess Pty Ltd v Roads and Maritime Services [2019] NSWLEC 1393

Land and Environment Court New South Wales

Medium Neutral Citation: Christess Pty Ltd v Roads and Maritime Services [2019] NSWLEC 1393 Hearing dates: Conciliation conference on 8 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Class 3 Before: Maston AC Decision: The Court orders: (1) Compensation is determined in the sum of $431,000, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) (Compensation), for the acquisition of the whole of Lot 210 in Deposited Plan 1240517, being part of the land in Certificate of Title 5/599382, being the land formerly known as 2789A The Northern Road, Luddenham NSW 2745. (2) The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity to be issued by the Respondent within 28 days of the final orders in these proceedings, with such deed to reflect these terms of agreement and provide for the subject matter of the proceedings being finalised on a full and final basis. (3) Within 28 days of the Respondent receiving the Applicant's duly completed and executed deed of release and indemnity and direction as to payment, the Respondent will pay the Applicant: (a) the Compensation less any advance compensation paid; and (b) statutory interest in respect of the Compensation calculated in accordance with the Act. (4) The Respondent will pay the Applicant an amount in respect of the Applicant's costs of the proceedings as agreed between the parties during the conciliation process (with no interest payable on this amount). 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: Christess Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: A Hourigan (Applicant) S Nash (Respondent)