Tornatora v The Planning Ministerial Corporation [2020] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Tornatora v The Planning Ministerial Corporation [2020] NSWLEC 1128 Hearing dates: Conciliation conference on 9 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Class 3 Before: Maston AC Decision: The Court orders that: (1) Compensation is determined in the sum of $7,302.292.35, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lots 98 and 99 in Deposited Plan 13905, being land at 1693-1703 The Horsley Drive, Horsley Park. (2) 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 being provided 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 less any advanced compensation paid (Final Payment). (4) The Respondent is to pay statutory interest in respect of the Final Payment calculated in accordance with section 49 of the Just Terms Act. (5) The Respondent has agreed to pay the Applicant's costs of the proceedings as agreed or assessed. 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: Maria Antonietta Tornatora (Applicant) The Planning Ministerial Corporation (Respondent) Representation: Counsel: T Robertson SC with J Walker (Applicant) J McKelvey (Respondent)