Land and Environment Court New South Wales Medium Neutral Citation: Stewart v Health Administration Corporation [2019] NSWLEC 1553 Hearing dates: Conciliation conference on 18 June 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Class 3 Before: Maston AC Decision: The Court orders, by consent, that: (1) Compensation is determined in the sum of $2,655,000.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) (Compensation), for the acquisition of the whole of Lot B in Deposited Plan 167106, being the land formerly known as 75 Botany Street, Randwick. (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; (b) statutory interest in respect of the Compensation calculated in accordance with the Act; and (c) 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: Katherine Oi Shee Stewart (Applicant) Health Administration Corporation (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J McKelvey (Respondent) Solicitors: Project Lawyers (Applicant) Herbert Smith Freehills (Respondent) File Number(s): 2018/377289 Publication restriction: No Judgment 1. COMMISSIONER: These proceedings are an objection to an offer of compensation in the amount of $2,700,000.00 arising from the compulsory acquisition by the Respondent of the land comprised of Lot B in DP 167106 known as 75 Botany Street, Randwick, from the Applicant pursuant to Part 3, Division 2 of the Land and Environment Court Act 1979 (LEC Act) and Part 3 Division 4 of the LEC Act and the Land Acquisition (Just Terms Compensation) Act 1991 (the JTC Act) with the Court required to determine the amount of compensation payable by the Respondent to the Applicant being within Class 3 of the Court's jurisdiction. 2. The Court arranged a conciliation conference under s 34(1) of the LEC Act between the parties, which was held on 18 June 2019. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Respondent agreeing to pay to the Applicant the following amounts of compensation under the JTC Act arising from the compulsory acquisition: Total compensation: $ 2,700,000.00 1. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 66(2) of the JTC Act to hear and dispose of the Applicant's claim for compensation. 2. I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act. 3. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. 4. The Court orders: 1. Compensation is determined in the sum of $2,655,000.00, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Act) (Compensation), for the acquisition of the whole of Lot B in Deposited Plan 167106, being the land formerly known as 75 Botany Street, Randwick. 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: 1. the Compensation less any advance compensation paid; 2. statutory interest in respect of the Compensation calculated in accordance with the Act; and 3. 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). ………………………… J Maston Acting Commissioner of the Court ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 15 November 2019