VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17

Federal Court of Australia

VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17 File number: NSD 1162 of 2023

Judgment of: STEWART J

Date of judgment: 31 January 2025

Catchwords: PRACTICE AND PROCEDURE – separate question – stay of proceeding – cross-vesting – respondent's application for bifurcation of the proceeding to determine liability and causation first and quantum later or to stay the proceeding – where there is a related proceeding in the Land and Environment Court of New South Wales (LEC proceeding) in which the amount of compensation given for compulsory acquisition of the applicant's property is being challenged – where that amount has a direct bearing on the assessment of the applicant's damages (if any) in the instant proceeding – where there are overlapping issues and there is likely to be overlapping evidence and the risk of conflicting findings in the two proceedings – whether in the circumstances bifurcation or stay pending the resolution of the LEC proceeding should be ordered – where an alternative course is to transfer or cross-vest the proceeding to another court such that all issues are determined in the same court – stay pending removal of the LEC proceeding to the Supreme Court of New South Wales and then transfer of the instant proceeding to the Supreme Court

Legislation: Competition and Consumer Act 2010 (Cth) s 138C, Sch 2 (Australian Consumer Law) Federal Court of Australia Act 1976 (Cth), s 23 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 5(1), (4), (7) Federal Court Rules 2011 (Cth), r 30.01 Civil Procedure Act 2005 (NSW), ss 149B, 149E Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 8(1) Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 10A, 55, 56(1), 66, 68(2) Supreme Court Act 1970 (NSW), s 23