The Eddie Arnott Corporation Pty Ltd v Sydney Metro [2025] NSWLEC 12

Land and Environment Court New South Wales

Medium Neutral Citation: The Eddie Arnott Corporation Pty Ltd v Sydney Metro [2025] NSWLEC 12 Hearing dates: 25 February 2025 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Class 3 Before: Pritchard J Decision: The Court makes the following orders and directions: (1) Noting that leave has not been granted pursuant to r 35.9 of the Uniform Civil Procedure Rules 2005 for either the applicant or the second respondent to rely on the affidavit of Dr Imad Arnaout dated 18 February 2025, pursuant to s 61(3)(e) of the Civil Procedure Act 2005 (NSW) (CP Act), the affidavit of Dr Imad Arnaout dated 18 February 2025 sought to be adduced by the applicant and second respondent is rejected. (2) Pursuant to s 61 of the CP Act, the applicant and second respondent are granted leave to file and serve an additional lay affidavit by 2pm on Friday, 28 February 2025, no longer than 20 pages in length, which is not to refer to: (a) communications that are without prejudice; (b) communications between the parties to acquire the land comprising Lot 7 in Strata Plan 65054 known as Shop 1A, 5 Hunter Street, Hunter Arcade, Sydney, by agreement under section 10A process of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) that occurred prior to the commencement of these proceedings on 21 February 2023; or (c) anything said or of any admission made in a conciliation conference arranged under s 34 of the Land and Environment Court Act 1979 (NSW), a document prepared for the purposes of, or in the course of, or as a result of, a conciliation conference, or any copy of such a document. (3) The first respondent to file and serve any objections to evidence filed and served in accordance with order 2 above by 9am on Monday, 3 March 2025. (4) The applicant and second respondent to file and serve any response to the first respondent's objections in accordance with order 3 above by 9am on Tuesday, 4 March 2025. Catchwords: PROCEDURAL RULINGS – objections to evidence – evidence refers to communications made in s 10A of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) period and s 34 Land and Environment Court Act 1979 (NSW) conciliation conference – rulings made Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 61(e) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ss 10A, 66 Land and Environment Court Act 1979 (NSW) ss 20, 25(2), 34, 38 Uniform Civil Procedure Rules 2005 r 35.9 Cases Cited: Council of the City of Ryde v Azizi (2021) 248 LGERA 204; [2021] NSWCA 165 Desane Properties Pty Ltd v State of New South Wales [2018] NSWSC 553 Elmasri v Transport for NSW [2021] NSWSC 929 Pochi v Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Ousley v The Queen (1977) 192 CLR 69 Ray Fitzpatrick Pty Ltd v Minister for Planning (No. 4) [2008] NSWLEC 161 Texts Cited: Practice Note Class 3 Compensation Claims Category: Procedural rulings Parties: The Eddie Arnott Corporation (Applicant) Sydney Metro (First respondent) Imad Arnaout (Second respondent) Representation: Counsel: A Hemmings and C Novak (First respondent)