Hua v Roads and Maritime Services [2016] NSWLEC 21

Land and Environment Court New South Wales

Medium Neutral Citation: Hua v Roads and Maritime Services [2016] NSWLEC 21 Hearing dates: 18 March 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Class 3 Before: Craig J Decision: 1 Being satisfied that good cause has been shown by the applicants for their failure to lodge the present application within 90 days after receiving a compensation notice from the respondent, I determine that the Court may proceed to hear and determine their claim for compensation under s 66(2) of the Land Acquisition (Just Terms Compensation) Act 1991. 2 Stand over the proceedings to Friday 1 April 2016 for directions. Catchwords: PROCEDURE – application to extend time for filing of compensation objection - s 66(3) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) - whether applicants satisfied the Court that they had good cause for failure to lodge objection within time - whether error of solicitor establishes good cause - genuine mistake - conduct of applicants during the 90 day period - no prejudice suffered by the respondent - appropriate to allow matter to proceed to determination 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 Limited v Sydney Metro [2011] NSWLEC 19 Category: Procedural and other rulings Parties: Peter Han Binh Hua (First Applicant) Man Du Hua (Second Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: F J Berglund (Applicants) K Davis (solicitor) (Respondent)