Campbelltown City Council v Rail Corporation of New South Wales [2010] NSWLEC 152

Land and Environment Court of New South Wales

CITATION : Campbelltown City Council v Rail Corporation of New South Wales [2010] NSWLEC 152

APPLICANT: Campbelltown City Council PARTIES : RESPONDENT: Rail Corporation of New South Wales

FILE NUMBER(S) : 30444 of 2009

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- vacation of hearing dates in proceedings for compulsory acquisition of land due to proposed partial rescission of acquisition and settlement negotiations

LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, s 31

DATES OF HEARING: 10 August 2010

EX TEMPORE JUDGMENT DATE : 10 August 2010

APPLICANT: Mr David Baird SOLICITORS Marsdens Law Group LEGAL REPRESENTATIVES: RESPONDENT: Ms Sandra Duggan, barrister SOLICITORS Henry Davis York

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

10 August 2010

30444 of 2009

CAMPBELLTOWN CITY COUNCIL v RAIL CORPORATION OF NEW SOUTH WALES

EX TEMPORE JUDGMENT 1 HIS HONOUR: In these proceedings the applicant claims compensation for the respondent's compulsory acquisition of land under the Land Acquisition (Just Terms Compensation) Act 1991. I am hearing a motion by the respondent, to which the applicant consents, for an order vacating the hearing dates on 24-31 August 2010 inclusive. 2 The reason advanced is that the respondent proposes to partially rescind its compulsory acquisition notice relating to the applicant's land and to compulsorily acquire part only of the land the subject of the rescission. This proposal will remove from contention a large disturbance loss claim in relation to access. There is no controversy between the parties as to the partial rescission but the parties are in negotiation to see whether agreement can be reached concerning what part of the land should be re-acquired.