LIF Pty Limited v Roads and Maritime Services [2019] NSWLEC 1507

Land and Environment Court New South Wales

Medium Neutral Citation: LIF Pty Limited v Roads and Maritime Services [2019] NSWLEC 1507 Hearing dates: Conciliation conference on 17 September 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Class 3 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Compensation is determined in the sum of $806,842.60, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act), for the acquisition of a lease for a specified period of four years, as described in Memorandum AE293511 at NSW Land Registry Services, of part of the land in Certificate of Title 21/712243 (known as 13 Clyde Street, Batemans Bay) shown as Lot A RMS Sketch No. 0001 145 SK 0017-CA. (3) The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment to be issued by the Respondent, generally in accordance with the deed and direction previously provided by the Respondent to the Applicant, within 28 days of sealed orders in these proceedings. (4) Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction 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 sections 49 and 55 of the Act. (6) The Respondent has agreed to pay the Applicant's reasonable costs of the proceedings, in the sum of $97,792.51, at the same time as the Final Payment provided that the Applicant has duly completed and delivered to the Respondent a direction as to payment for those costs (to be issued by the Respondent). There is to be no interest payable on such 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: LIF Pty Limited (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: L Watersen (Applicant) M Astil (Respondent)