Maiorana v Roads and Traffic Authority

Land and Environment Court New South Wales Medium Neutral Citation: Maiorana v Roads & Traffic Authority [2016] NSWLEC 1096 Hearing dates:Conciliation conference onDate of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction:Class 3Before: Miller AC Decision: See (4) below Catchwords: ACQUISITION, CLAIM FOR COMPENSATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 Category:Principal judgmentParties: Maiorana, Giuseppe (Applicant) Roads and Maritime Services (Respondent) Representation: Mr P Tomasetti SC, Barrister, Shanahan Tudhope Lawyers (Applicant) Ms A Hemmings, Maddocks Lawyers (Respondent) File Number(s):31030 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 document. In making the orders to give effect to the agreement between the parties, I was not required...