oOh!media Fly Pty Limited v Transport for NSW (No 2) [2023] NSWLEC 112

Land and Environment Court New South Wales

Medium Neutral Citation: oOh!media Fly Pty Limited v Transport for NSW (No 2) [2023] NSWLEC 112 Hearing dates: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Class 3 Before: Moore J Decision: See rulings at [12], [18] and [20] Catchwords: COMPULSORY ACQUISITION – first instance judgment delivered – parties provided agreed list of questions for determination in first instance hearing – 217 page judgment delivered addressing all agreed questions – answers to be incorporated in agreed Excel spreadsheet to derive quantum of compensation – Applicant considers additional issue should be determined in light of findings – informal application to hear and determine new issue – issue not raised in Applicant's case – issue sought to be raised inconsistent with Applicant's case at first instance hearing – preliminary forensic accounting advice tendered – advice from each party's expert shows extensive further evidence required – matter now sought to be agitated arises from conventional application of long settled and recently applied High Court authority – informal application for further hearing refused INTEREST – answers provided to agreed questions resulted in compensation outcome less than that determined by the Valuer General – obligation on Applicant to repay monies to Respondent – Respondent seeks order that Applicant pay post-judgment interest on money to be repaid – order for post-judgment interest discretionary – not appropriate to exercise discretion to order payment of interest by dispossessed Applicant – order for payment of interest rejected. COSTS – Respondent seeks order for costs of informal application seeking further hearing arising from the first instance decision – costs a matter of discretion – not appropriate to order dispossessed Applicant to pay costs of informal application – application for costs rejected CONFIDENTIAL INFORMATION PROTECTION – Applicant seeks orders for redaction of confidential information in first instance judgment – no opposition to redaction orders – redactions ordered to be made Legislation Cited: Civil Procedure Act 2005, ss 98(1), 101 Land and Environment Court Act 1979, ss 38(2) and 39 Cases Cited: Banno v Commonwealth of Australia (1993) 45 FCR 32 Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) (2012) 191 LGERA 267; [2012] NSWCA 404 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 Roads & Traffic Authority (NSW) v Mosca (2006) 146 LGERA 335; [2006] NSWCA 159 Category: Procedural rulings Parties: oOh!media Fly Pty Limited (Applicant) Transport for NSW (Respondent) Representation: Counsel: J McKelvey, barrister (Applicant) M Astill, barrister (Respondent) Solicitors: Thomson Geer Lawyers (Applicant) Clayton Utz (Respondent) File Number(s): 2021/113184 Publication restriction: Nil