Council of the City of Ryde v Azizi [2021] NSWCA 120

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the City of Ryde v Azizi [2021] NSWCA 120 Hearing dates: 31 May 2021 Date of orders: 31 May 2021 Decision date: 02 June 2021 Before: Payne JA Decision: 1. That orders 1, 2, 3 of the Land and Environment Court, made on 30 April 2021, in each of proceedings 168439 of 2020 and 168457 of 2020, be stayed until determination of the application for leave to appeal and publication of reasons in relation to any resulting appeal. 2. The respondents to file and serve any notice of contention, any evidence and written submissions by 5pm on Monday 21 June 2021. 3. The applicant to file and serve written submissions in reply and any evidence in reply by 5pm on 5 July 2021. 4. Fix the matter for concurrent hearing with an estimate of 1 day on Thursday 29 July 2021. 5. Grant liberty to the parties to relist the matter before Payne JA on 24 hours' notice by email to his Honour's associate. 6. No order as to costs. Catchwords: APPEALS – procedure – stay pending appeal Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 42, 68 Cases Cited: Blacktown City Council v Concato [2018] NSWSC 1039 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148; [1986] HCA 58 Council of the City of Ryde v Azizi [2019] NSWSC 1605 Category: Procedural rulings Parties: Council of the City of Ryde (Applicant) Raymond Boutros Azizi (First Respondent) Alnox Pty Ltd (Second Respondent) Representation: Counsel: M Hall SC (Applicant) I Hemmings SC with T Poisel (First and Second Respondents)