Owners Corporation of Strata Plan 30859 v Roads and Traffic Authority of NSW [2008] NSWLEC 192

Land and Environment Court of New South Wales

CITATION : Owners Corporation of Strata Plan 30859 v Roads and Traffic Authority of NSW [2008] NSWLEC 192

APPLICANT PARTIES : Owners Corporation of Strata Plan 30859 RESPONDENT Roads and Traffic Authority of NSW

FILE NUMBER(S) : 30742 of 2007

CORAM: Pain J

KEY ISSUES: Practice and Procedure :- whether new evidence can be relied on

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

DATES OF HEARING: 11 June 2008

EX TEMPORE JUDGMENT DATE : 11 June 2008

APPLICANT Mr M Wright SOLICITOR LEGAL REPRESENTATIVES: Brennan Tipple Partners RESPONDENT Mr C Bova SOLICITOR Clayton Utz

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

11 June 2008

30742 of 2007 Owners Corporation of Strata Plan 30859 v Roads and Traffic Authority of NSW

EX TEMPORE JUDGMENT 1 Her Honour: This compulsory acquisition matter under the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) is set down for hearing on 18-20 June 2008. It was listed before me today for pre-trial mention due to the unavailability of the trial judge. The Respondent's counsel handed up short minutes of order seeking orders for leave to rely on two additional statements of evidence, one of Mr Campbell filed 3 June 2008 and one of Mr Dransfield filed 10 June 2008. A statement of evidence of Mr Atkins filed 4 June 2008 concerning acoustic evidence is also sought to be relied on.