CFT No. 8 Pty Ltd; Telado Pty Ltd v Sydney Metro [2024] NSWLEC 60

Land and Environment Court New South Wales

Medium Neutral Citation: CFT No. 8 Pty Ltd; Telado Pty Ltd v Sydney Metro [2024] NSWLEC 60 Hearing dates: 07 June 2024 Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Class 3 Before: Duggan J Decision: See order at [19] Catchwords: NOTICE OF MOTION – leave sought to adduce expert evidence – leave opposed on the basis of misuse of commercially sensitive or confidential information – risk not a real or sensible possibility – leave granted Cases Cited: Australian Leisure and Hospitality Group Pty Ltd & Anor v Dr Judith Stubbs & Anor [2012] NSWSC 215 Category: Procedural rulings Parties: CFT No. 8 Pty Ltd (Applicant) Telado Pty Ltd (Applicant) Sydney Metro (Respondent) Representation: Counsel: J M Horton KC and L Nurpuri (Applicants) A Shearer and J E Taylor (Respondent)

Solicitors: Beatty Hughes & Associates (Applicants) Clayton Utz (Respondents) File Number(s): 2022/00391937; 2022/00391925 Publication restriction: No

JUDGMENT

Nature of proceedings 1. The proceedings relate to a claim for compensation for the compulsory acquisition of the Applicants' land by the Respondent. The proceedings are listed for hearing for 20 days commencing on 21 October 2024. 2. The Respondent filed Notices of Motion on 29 May 2024 seeking orders in effect for leave to file an expert report of Mr Tim Blythe, Town Planner, and the making of directions to facilitate the filing of such a report. The Applicants opposes the making of the order in so far as it nominates Mr Blythe as the Town Planner from whom the report will be commissioned.