Wong v Health Administration Corporation [2019] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: Wong v Health Administration Corporation [2019] NSWLEC 1443 Hearing dates: Conciliation conference on 13 June 2019; 28 August 2019 Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Class 3 Before: Parker AC Decision: The Court Orders: (1) Compensation is determined in the sum of $2,860,124.00, pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) (Compensation), for the acquisition of the whole of Lot 7 in Deposited Plan 13997, being the land known as 71 Botany Street, Randwick. (2) The Applicants are to duly complete, execute 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 Applicants' duly completed and executed deed of release and indemnity and direction as to payment, the Respondent will pay the Applicants: (i) the Compensation less any advance compensation paid; (ii) statutory interest in respect of the Compensation calculated in accordance with the Act; and (iii) 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 – market value –disturbance – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Adams v Valuer General [2014] NSWLEC 1005 Category: Principal judgment Parties: Juah Mon Wong (First Applicant) Chee Seong Lim (Second Applicant) Health Administration Corporation (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) P Briggs (Solicitor) (Respondent)