Bandjalang Aboriginal Corporation Prescribed Body Corporate RNTBC on behalf of the Bandjalang People v Transport for NSW [2020] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Bandjalang Aboriginal Corporation Prescribed Body Corporate RNTBC on behalf of the Bandjalang People v Transport for NSW [2020] NSWLEC 1008 Hearing dates: Conciliation conference on 29 October 2019; 10 December 2019; 17 December 2019 Date of orders: 07 January 2020 Decision date: 07 January 2020 Jurisdiction: Class 3 Before: Dixon SC Decision: The Court orders: (1) The amount of compensation to which the Applicant is entitled under the Land Acquisition (Just Terms Compensation) Act 1991 (Act) for the acquisition of Lot 6 in Deposited Plan 1204340, being part of the land comprised in Certificate of Title 7008/92609 is determined to be $42,000 plus interest on this amount in accordance with ss 49 and 50 of the Act ("Compensation"). (2) The Applicant is to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment issued by the Respondent to the Applicant within 28 days of the final orders in these proceedings. (3) Within 28 days of the Respondent receiving the duly completed deed of release and indemnity and direction as to payment, the Respondent is to pay the Compensation to the Applicant in accordance with the direction. (4) The Respondent has agreed to pay the Applicant's costs of the proceedings in the amount of $35,473.35 to be paid on the same date the Compensation is paid by the Respondent to the Applicant in accordance with (3) above. There is to be no interest payable on 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: Bandjalang Aboriginal Corporation Prescribed Body Corporate RNTBC on behalf of the Bandjalang People (Applicant) Transport for NSW (Respondent) Representation: Counsel: R White (Applicant) L Waterson (Respondent)