Camilleri v Transport for NSW [2013] NSWLEC 104

Land and Environment Court New South Wales

Medium Neutral Citation: Camilleri v Transport for NSW [2013] NSWLEC 104 Hearing dates: 11 July 2013 Decision date: 11 July 2013 Jurisdiction: Class 3 Before: Craig J Decision: Being satisfied that good cause has been shown by the applicants for their failure to lodge the present objection within 90 days after receiving a compensation notice from the respondent, the Court may proceed to hear and determine the applicants' claim for compensation. Catchwords: PROCEDURE - objection to compensation for business disturbance following compulsory acquisition of land - objection not lodged within 90 days from receipt of compensation notice - application under s 66(3) of the Land Acquisition (Just Terms Compensation) Act 1991 - good cause for failure to lodge objection within the 90-day period - relevant considerations Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Cohen v McWilliam (1995) 38 NSWLR 476 Parramatta City Council v Transport Construction Authority [2011] NSWLEC 49 Sydney Nationwide Realty Pty Ltd v Sydney Metro; IAE EDU NET Pty Ltd v Sydney Metro [2011] NSWLEC 19 Category: Procedural and other rulings Parties: George Camilleri (First applicant) Pauline Camilleri (Second applicant) Transport for New South Wales (Respondent) Representation: M R Hall (Applicants) C D Norton (Respondent) Colin Biggers & Paisley (Applicants) Clayton Utz (Respondent) File Number(s): 30262 of 2013