Sukkarieh v Roads and Maritime Services

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Sukkarieh & Anor v Roads and Maritime Services [2016] NSWLEC 1218 Hearing dates:Conciliation conference on 2 March 2016Date of orders: 03 June 2016 Decision date: 03 June 2016 Jurisdiction:Class 3Before: Miller AC Decision: See (4) below Catchwords: ACQUISITION OF LAND LAND ACQUISITION (JUST TERMS COMPENSATION) Act 1991: conciliation conference; agreement reached between the parties Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Hussein Sukkarieh (Applicant 1) Samar Sukkarieh (Applicant 2) Roads and Maritime Services (Respondent) Representation: Mr T Johnson, Albert A Macri Partners (Applicants) Ms K Davis, Corrs Chambers Westgarth (Respondent) File Number(s):163587/2016Publication 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...