Pettig v Transport for New South Wales [2020] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Pettig v Transport for New South Wales [2020] NSWLEC 1164 Hearing dates: Conciliation conference on 31 March 2020 Date of orders: 08 April 2020 Decision date: 08 April 2020 Jurisdiction: Class 3 Before: Peatman AC Decision: The Court orders: 1. Compensation is determined in the sum of $160,000.00 (incl GST), pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act), for the acquisition of Lot 4 DP 1249353, being part of the land situate at 214 George Street, Parramatta in the City of Parramatta local government area. 2. The Respondent is to pay statutory interest in respect of the compensation calculated in accordance with sections 49 and 50 of the Just Terms Act. 3. The Applicants are to duly complete and deliver to the Respondent the deed of release and indemnity and direction as to payment issued by the Respondent within 28 days of final orders in these proceedings. 4. 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.

Notations: A. The respondent has agreed to pay the Applicants' costs of the proceedings as agreed or assessed. There is 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: Andrew Pettig (First Applicant) Katrina Mary-Anne Sidrak (Second Applicant) Transport for New South Wales (Respondent) Representation: Counsel: M Astill (Applicants) A Hemmings (Respondent)