Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving and Land Management Pty Ltd (No 8) [2015] NSWSC 44

Supreme Court New South Wales

Medium Neutral Citation: Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving and Land Management Pty Ltd (No 8) [2015] NSWSC 44 Hearing dates: Plaintiff's submissions – 31.12.14 Respondent's submissions – 28.01.15Plaintiff's submissions in reply – 30.01.15 Decision date: 11 February 2015 Jurisdiction: Common Law Before: Price J Decision: 1. The plaintiff's notice of motion filed on 12 November 2014 is dismissed. 2. The plaintiff is to pay the cross-defendants costs of the motion. Catchwords: Procedure – whether s 6 LRMPA application should be dealt with after judgment delivered – whether any accidental slip or omission – whether any irregularity – whether s 6 application abandoned at trial – application raised in closing address – procedural fairness Cases Cited: Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving and Land Management Pty Ltd (No 7) [2014] NSWSC 1188 Ashrafi Persian Trading Co Pty Ltd t/as Roslyn Gardens Motor Inn & Anor v Ashrafinia ; Category: Procedural and other rulings Parties: Roads and Traffic Authority of New South Wales (Plaintiff – Cross-defendant) Barrie Toepfer Earthmoving and Land Management Pty Ltd (First-defendant – Cross-claimant) State of New South Wales (Cross-defendant) CGU Insurance Limited, Vero Insurance Limited, and NTI Limited (Cross-defendants – second cross-claim) Representation: Counsel: Mr R Cavanagh SC (Plaintiff) Mr Deakin QC (Cross-Defendants – second cross-claim)