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. 3 Since then the parties have reached an in principle agreement to settle the proceedings including by variation of the principal easement to clarify its meaning and thereby to eliminate the construction issue to which I have referred. Thus, if the hearing were to proceed next week it would be on the basis of a false issue in the sense of one which will disappear under the settlement agreement. 4 The in principle settlement agreement is subject to certain conditions being satisfied which will or may involve obtaining the consent of third parties. The parties estimate that one month is necessary to attend to the third party issue and to formalise documentation including documentation that requires registration. 5 In the circumstances I am satisfied that it is appropriate to vacate the hearing dates and to stand over the proceedings for about a month. 6 The orders of the Court are as follows: 1. The hearing dates of 9-13 August 2010 are vacated. 2. The matter is listed for mention on 10 September 2010 before the List Judge. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.