Transport Construction Authority v Parramatta City Council [2010] NSWSC 1168

New South Wales Supreme Court

CITATION : Transport Construction Authority v Parramatta City Council [2010] NSWSC 1168

HEARING DATE(S) : 13 October 2010

JUDGMENT DATE : 18 November 2010

JUDGMENT OF : Gzell J

DECISION : Order made transferring the Supreme Court proceedings to the Land and Environment Court to be heard together with the related proceedings in that court.

CATCHWORDS : PROCEDURE - Cross-vesting and Transfers - Civil Procedure Act 2005, s 149B(2) - proceedings in the Supreme Court for determination whether a deed between the parties settling earlier proceedings in the Land and Environment Court for compensation for compulsory acquisition by the defendant of portions of the plaintiff's roads that had been determined under the Roads Act 1993 was a bar to current proceedings between the parties in the Land and Environment Court for compensation under the Land Acquisition (Just Terms Compensation) Act 1991 - whether more appropriate for those proceedings to be heard together with the current proceedings in the Land and Environment Court - whether a transfer order should be made

Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED : Land and Environment Court Act 1979 Roads Act 1993 Civil Procedure Act 2005

Arnold v Minister Administering the Water Management Act 2000 [2008] NSWCA 338; (2008) 73 NSWLR 196 CASES CITED : Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; (2010) 84 ALJR 663 Blue Sky Capital Ventures Pty Ltd v Lake Macquarie City Council [2007] NSWLEC 790; (2007) 159 LGERA 374

PARTIES : Transport Construction Authority (Plaintiff/Respondent) Parramatta City Council (Defendant/Applicant)