Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services [2016] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services [2016] NSWLEC 9 Hearing dates: 19 February 2016 Date of orders: 19 February 2016 Decision date: 19 February 2016 Jurisdiction: Class 3 Before: Craig J Decision: Being satisfied that good cause has been shown by each of the applicants for their respective failures to lodge the present applications within 90 days after receiving a compensation notice from the respondent, I determine that the Court may proceed to hear and determine their respective claims for compensation. Catchwords: PROCEDURE - application to extend time for filing of compensation appeal – s 66 of the Land Acquisition (Just Terms Compensation) Act 1991(NSW) - whether Applicants satisfied the Court that they had good cause for failure to lodge appeal - whether personal and financial hardship establishes good cause - no prejudice suffered by the Respondent - appropriate to allow matter to proceed to determination for their respective compensation claims Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Cases Cited: Leclercq v Essential Energy [2015] NSWLEC 50 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: 31238 of 20;15 James Assoni (Applicant) Representation: 31238 of 2015 and 31239 of 2015 Counsel: N Eastman (Applicant) H Kalarostaghi, solicitor (Respondent)