Council of the City of Ryde v Azizi

[2021] NSWCA 165

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Compulsory acquisition of land
3. › Compensation
4. › Payment of 90% of Valuer General's assessment pending resolution of claim
5. › Whether payment into trust account of acquiring authority's solicitor satisfied statutory obligation to pay former owners
6. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 68(2)(a)
1. Courts
2. › Land and Environment Court (NSW)
3. › Jurisdiction and powers
4. › Class 3 jurisdiction
5. › Whether LEC has jurisdiction to enforce statutory obligation to pay 90% of compensation offer
6. › Whether ancillary to compensation jurisdiction
7. › Land and Environment Court Act 1979 (NSW), ss 16(1A), 19, 22, 23, 24, 25
1. Courts
2. › Land and Environment Court (NSW)
3. › Jurisdiction and powers
4. › Class 3 jurisdiction
5. › Power to make freezing order
6. › Uniform Civil Procedure Rules 2005 (NSW), Pt 25, Div 2

Quick Take

Payment of the s 68(2)(a) amount into the acquiring authority's own solicitor's trust account does not satisfy the statutory obligation, and the LEC has jurisdiction to enforce that obligation and power to make freezing orders if appropriate.