Hornsby Shire Council v The Valuer General of New South Wales [2012] NSWSC 894

Supreme Court New South Wales

Medium Neutral Citation: Hornsby Shire Council v The Valuer General of New South Wales [2012] NSWSC 894 Hearing dates: 02/07/2012 Decision date: 02 July 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) The first and second defendants have leave to withdraw the admission made in paragraph 13 of the Defence to Amended Statement of Claim filed 21 September 2010. (2) The motion filed 3 May 2012 be otherwise dismissed, (3) The first and second defendants pay the costs of the motion, except as provided in Order 4: (4) The first and second defendants pay the plaintiff's costs, on an indemnity basis, of: (a) the hearing of the notice of motion insofar as it affects the issue of the withdrawal of admissions; and (b) of and occasioned by the amendment of the plaintiff's Statement of Claim so far as necessary to take account of the withdrawal of the admission as to duty of care. Catchwords: PRACTICE AND PROCEDURE - Notice of motion seeking firstly leave to have the administrative law proceedings heard and determined first, and before the claim for damages; and secondly leave to withdraw various admissions made in the defence and subsequent defence - whether more efficient and in the interests of justice to hear the administrative law proceedings first - not satisfied - whether in the interests of justice to withdraw pleadings - proceedings not reached that stage that it would be unjust to permit a withdrawal, no irremediable prejudice - leave granted - leave to withdraw admission in paragraph 13 of subsequent defence - motion otherwise dismissed Legislation Cited: Civil Procedure Act 2005 Land Acquisition (Just Terms Compensation) Act 1991 Uniform Civil Procedure Rules 2005 Valuation of Land Act 1916 Cases Cited: Commonwealth Bank of Australia v Clune [2008] NSWSC 1125 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Integral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 Perre v Apand Pty Ltd [1999] HCA 36; (1999) 198 CLR 180 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1 Category: Principal judgment Parties: Hornsby Shire Council (P) The Valuer General of New South Wales (D1) The State of New South Wales (D2) Brian Rushton Nicholson(D3) Alcorn Corbin Nicholson Pty Ltd (D4) CSR Limited (D5) Representation: T Robertson SC / J Lazarus (P) P Menzies SC / J Maston / S Ross (D1&2) J Morse (D3&4) L Powers (D5) Storey & Gough (P) NSW Crown Solicitors Office (D1&2) DLA Phillips Fox (D3&4) Minter Ellison (D5) File Number(s): 2009/20047