Antonino Gaudioso v Transport for New South Wales [2022] NSWLEC 4

Land and Environment Court New South Wales

Medium Neutral Citation: Antonino Gaudioso v Transport for New South Wales [2022] NSWLEC 4 Hearing dates: 13 December 2021 Date of orders: 06 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraph 37 Catchwords: PRACTICE AND PROCEDURE — s 66(4) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) — application for the cancellation or reduction of interest — no power to vary final order —discretion not exercised — Notice of Motion dismissed Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Antonino Gaudioso v Transport for New South Wales [2021] NSWLEC 91 Ray Fitzpatrick Pty Limited v Minister for Planning (No 5) [2008] NSWLEC 183 Category: Procedural rulings Parties: Antonino Gaudioso, First Applicant (First Respondent on the Notice of Motion) Carmel Gaudioso, Second Applicant (Second Respondent on the Notice of Motion) Transport for New South Wales, Respondent (Applicant on the Notice of Motion) Representation: Counsel: I Hemmings SC, First and Second Applicants (First and Second Respondents on the Notice of Motion) R P L Lancaster SC and A Hemmings, Respondent (Applicant on the Notice of Motion)

Solicitors: Mills Oakley, First and Second Applicants (First and Second Respondents on the Notice of Motion) Herbert Smith Freehills, Respondent (Applicant on the Notice of Motion) File Number(s): 2018/192614 Publication restriction: No