Constantino v Roads and Traffic Authority of New South Wales (No. 2) [2005] NSWLEC 209

Reported Decision : 144 LGERA 224

Land and Environment Court of New South Wales

CITATION : Constantino v Roads and Traffic Authority of New South Wales (No. 2) [2005] NSWLEC 209

APPLICANT: Constantino PARTIES : RESPONDENT: Roads and Traffic Authority of New South Wales

FILE NUMBER(S) : 30191 of 2003

CORAM: Bignold J

KEY ISSUES: Costs :- in class 3 proceedings-compensation for compulsory acquisition-whether Applicant should receive only partial costs order on account of failure of part of claim.

Land Acquisition (Just Terms Compensation) Act 1991 ss 55 LEGISLATION CITED: 66 Land and Environment Court Act 1979 s 69

Banno v Commonwealth of Australia (1993) 81 LGERA 34 at 53; Constantino v Roads and Traffic Authority of NSW [2004] NSWLEC 517; Dalla v The Department of Main Roads (unreported 11 August 1989); Horton v Wyong Shire Council (No 2) [2005] NSWLEC 45; CASES CITED: North Albury Shopping Centre Pty Ltd v Albury Municipal Council (1983) 49 LGRA 215 at 24; Oshlack v Richmond River Council (1998) 193 CLR 72; Pastrello v Roads and Traffic Authority of NSW (2000) 110 LGERA 223 at 225; Rukavina and Robertson v Wagga City Council (1993) 80 LGERA 8; Yakas v Roads and Traffic Authority of NSW (No 2) [2004] NSWLEC 589

DATES OF HEARING: 09/03/2005

DATE OF JUDGMENT: 04/29/2005

APPLICANT: Mr I Hemmings, Barrister SOLICITORS J P Lawyers LEGAL REPRESENTATIVES: