Caruso v Blacktown City Council [2014] NSWLEC 141

Land and Environment Court New South Wales

Medium Neutral Citation: Caruso v Blacktown City Council [2014] NSWLEC 141 Hearing dates: 29 August 2014 Decision date: 29 August 2014 Jurisdiction: Class 3 Before: Craig J Decision: 1. Being satisfied that good cause has been shown by the Applicant for the failure to lodge the present Class 3 Application 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. I give leave to the Applicant to rely upon an Amended Class 3 Application in the form identified as Annexure A to the Notice of Motion. 3. By consent, the proceedings are stood over for directions to Friday 12 September 2014 Catchwords: PRACTICE AND PROCEDURE - motion for extension of time to lodge Class 3 application - objection to amount of compensation offered by Council - objection pursuant to s 66(1) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) - whether good cause for Applicant's failure to lodge objection within 90 day period - s 66(3) of Land Acquisition (Just Terms Compensation) Act - exercise of discretion - evidence that Class 3 application sent to Court by registered post within time limit - Applicant unaware that application not lodged - misguided advice given to Applicant - relatively short period of time between expiry of 90 day limitation and time of lodgement - motion not opposed by Council - Court satisfied that good cause established - motion granted Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Category: Procedural and other rulings Parties: Mark Andrew Caruso (Applicant) Blacktown City Council (Respondent) Representation: C M Novak (Applicant) AJJ Thompson (solicitor) (Respondent) Solutions Law (Applicant) Ritchie & Castellan Solicitors (Respondent) File Number(s): 30566 of 2014