Event and Time
Event Description
- Event Type: Compulsory Acquisition of Land
- Date of Acquisition: 13 September 2019
- Applicants: Owner of Lot 101 Deposited Plan 1251456, Canterbury-Bankstown area
- Respondents: Relevant Government Authority
- Legal Framework: Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
Application and Claims
- The Applicant filed an objection to the compensation offered by the Respondent, amounting to $348,000, on 6 April 2020.
- The objection was presented under section 66 of the Just Terms Act and fell within Class 3 of the Land and Environment Court’s jurisdiction pursuant to section 19 of the Land and Environment Court Act 1979 (LEC Act).
- A conciliation conference was arranged on 5 August 2020, leading to an agreement between the parties by 1 September 2020.
Judicial Decisions
- The Court ordered a compensation sum of $467,403 as a full settlement for the compulsory acquisition.
- The Respondent is required to pay this amount within 28 days after receiving necessary signed documents from the Applicant.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Disputed the initial compensation offer of $348,000. - Argued that the offer did not reflect the true value of the land and associated disruptions.
- Respondent's Arguments:
- Asserted that the initial compensation was calculated in accordance with statutory requirements and a valuation conducted by the Valuer General. - Maintained that all procedural requirements for compulsory acquisition were followed properly.
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