Australian Fleet Sales Pty Ltd v Roads and Maritime Services

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Australian Fleet Sales Pty Ltd v Roads and Maritime Services [2015] NSWLEC 1348 Hearing dates:Conciliation conference on 19 August 2015Date of orders: 19 August 2015 Decision date: 19 August 2015 Jurisdiction:Class 3Before: Maston AC Decision: See (4) below Catchwords: COMPULSORY ACQUISITION OF LAND: conciliation conference; agreement between the parties; orders Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Category:Principal judgmentParties: Australian Fleet Sales Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Ms A. Hemmings (Respondent) Solicitors: Mr D. Newhouse, Newhouse & Arnold Solicitors (Applicant) Ms H. Kalarostaghi, Hunt & Hunt (Respondent) File Number(s):30450 of 2015Publication restriction:NoJudgment COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that...