Attard J & R Services Pty Ltd v Transport for New South Wales [2013] NSWLEC 107

Land and Environment Court New South Wales

Medium Neutral Citation: Attard J & R Services Pty Ltd v Transport for New South Wales [2013] NSWLEC 107 Hearing dates: 15 July 2013 Decision date: 17 July 2013 Jurisdiction: Class 3 Before: Sheahan J Decision: (1)Being satisfied that good cause has been shown by the applicant for its 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 applicant's claim for compensation. (2)Costs of the applicant's Notice of Motion are reserved. (3)The matter is stood over into the court's "LVC" list on Friday 19 July 2013. Catchwords: COMPULSORY ACQUISITON OF LAND: impact on business conducted on the land - objection not lodged within 90 days of compensation notice - power to allow objection to proceed - "good cause" to be shown for lateness - principles to apply - costs Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Camilleri v Transport for NSW [2013] NSWLEC 104 Cooper Brookes (Wollongong) Pty Ltd v FCT [1981] HCA 26; 147 CLR 297 Da Rous v Burwood Council [1995] NSWLEC 152 De Marco v Chief Commissioner of State Revenue [2013] NSWCA 86 Parramatta City Council v Transport Construction Authority [2011] NSWLEC 49 Sydney Nationwide Realty Pty Ltd v Sydney Metro [2011] NSWLEC 19 Sydney Water Corporation v Caruso [2009] NSWCA 391; 170 LGERA 298 Category: Interlocutory applications Parties: Attard J & R Services Pty Ltd as Trustee for the J & R Attard Family Trust (Applicant) Transport for New South Wales (Respondent) Representation: Mr M Hall and Ms C Novak, barristers (Applicant) Mr I Hemmings, barrister (Respondent) Colin Biggers & Paisley (Applicant) Hunt & Hunt (Respondent) File Number(s): 13/30334