NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Metro Chatswood Pty Ltd v Transport Construction Authority [2010] NSWLEC 148
APPLICANT: Metro Chatswood Pty Ltd PARTIES : RESPONDENT: Transport Construction Authority
FILE NUMBER(S) : 30983; 30984 of 2008
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- vacation of hearing dates because of in principle settlement agreement.
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991
DATES OF HEARING: 5 August 2010
EX TEMPORE JUDGMENT DATE : 5 August 2010
APPLICANT: Mr J Ayling SC SOLICITORS Piper Alderman LEGAL REPRESENTATIVES: RESPONDENT: Mr C Norton, barrister SOLICITORS Clayton Utz
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
5 August 2010
30983-84 of 2008
METRO CHATSWOOD PTY LTD v TRANSPORT CONSTRUCTION AUTHORITY
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a motion by the applicant, supported by the respondent, to vacate the hearing dates of this matter next week. 2 The proceedings are for compensation for the compulsory acquisition of easements under the Land Acquisition (Just Terms Compensation) Act 1991. The main issue is the proper construction of the principal easement. The competing constructions have a very great effect on the amount of compensation that might be awarded. This became clear at a case management conference before me last week when the construction issue was extensively discussed.
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