Compensation for compulsory acquisition - Outcomes and orders

Giving judgment

At the conclusion of the hearing or at a later date, the judge or commissioner hearing the appeal will give judgment. The judgment will state the decision and orders and give reasons for making the decision. Further information is available on:

• judgments and orders
• enforcement
• costs.

Orders

The Court may make such orders as are appropriate for disposing of the proceedings including the applicant’s claim for compensation. The nature and terms of the orders the Court can make are determined by the statute under which the claim for compensation is made, such as the Just Terms Act and Roads Act, and s 24 and s 25 of the Land and Environment Court Act 1979.
Giving effect to the Court’s decision: The acquiring authority is to give effect to the Court’s decision by payment of compensation in accordance with the court’s decision (see s 68(1) of the Just Terms Act and s 195(1) of the Roads Act).

Appeals against the court’s decision

A party may appeal against an order or decision of the Court on a claim for compensation for the acquisition of land, on a question of law. If the order or decision was made by a commissioner, the appeal is under s 56A of the Land and Environment Court Act 1979 to a judge of the Land and Environment Court.  If the order or decision was made by a judge, the appeal is under s 57 of the Land and Environment Court Act 1979 to the NSW Court of Appeal.

Further information is available on appeals.