Jiang v Sydney Metro [2023] NSWLEC 126

Land and Environment Court New South Wales

Medium Neutral Citation: Jiang v Sydney Metro [2023] NSWLEC 126 Hearing dates: 17 November 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Class 3 Before: Pritchard J Decision: Orders at [68] Catchwords: PRACTICE AND PROCEDURE – application to vacate hearing dates – application in court to adduce further expert and lay evidence – application refused Legislation Cited: Biodiversity Conservation Act 2016 (NSW) s 7.7 Biodiversity Conservation Regulation 2017 (NSW) cl 7.1 Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 66 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) s 49 Uniform Civil Procedure Rules 2005 (NSW) r 31.17 Cases Cited: Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174 RD Miller Pty Ltd v Roads and Maritime Services NSW (No 2) [2019] NSWLEC 141 Texts Cited: Nil Category: Procedural rulings Parties: Laiwen Jiang (First Applicant) Siu Yu Chan (Second Applicant) Sydney Metro Representation: Counsel: F Mitchell (Applicants) A Hemmings (Respondent)

Solicitors: FM Legal (Applicants) Clayton Utz (Respondent) File Number(s): 2022/156328 Publication restriction: Nil

JUDGMENT 1. These Class 3 proceedings were commenced by claim filed on 30 May 2022. By notice of motion filed 15 November 2023, Laiwen Jiang and Siu Yu Chan (the applicants) seek to vacate the hearing listed before me for four days from 29 November to 4 December 2023 (the motion to vacate). The applicants rely on a short affidavit of their solicitor Ms Mitchell in support of the motion to vacate. Ms Flo Mitchell deposes to difficulties in the finalisation of the applicants' valuation evidence, as well as some "additional issues" arising out of the joint experts' reports. 2. Sydney Metro (the respondent) opposes the applicants' motion to vacate. 3. The notice of motion was listed for hearing before Acting Commissioner Davidson and me today. 4. At the hearing of the notice of motion today, the applicant's solicitor Ms Mitchell applied orally to amend the motion to vacate to also seek orders that the applicants have leave to adduce new expert evidence from an aerial photographer, Mr Arjan Wilkie, and new lay evidence from Mr Christopher Xiberras, Mr Hong Jiang and Mr John Lam. 5. For the reasons that follow, I refuse the motion to vacate the hearing and to adduce further expert evidence of an aerial photographer and further lay evidence.