Wiskich v Roads and Maritime Services [2016] NSWLEC 30

Land and Environment Court New South Wales

Medium Neutral Citation: Wiskich v Roads and Maritime Services [2016] NSWLEC 30 Hearing dates: 1 April 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Jurisdiction: Class 3 Before: Craig J Decision: (1) Being satisfied that good cause has been shown by each of the applicants in each proceeding for their failure to lodge the present objections 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. (2) Grant leave to the applicants in each proceeding to amend their respective applications by way of objection filed on 18 December 2015 by substituting the name of the respondent as Roads and Maritime Services for Camden City Council. (3) Grant leave to the applicants to file an amended application in respect of the Schedule of Disturbances and Loss and otherwise to amend the application in accordance with the amended application annexed to the affidavit of Cherly Ann Williams affirmed 31 March 2016 at pp 36-67. (4) Orders and directions in accordance with the Short Minutes of Order initialled by me and filed with the papers. (5) Grant leave to the parties to approach the Registrar by eCourt not later than 4.30pm on Monday 4 April 2016 in order to obtain a date for a s 34 conference to be held before 29 June 2016. (6) Note the proceedings are next listed for directions on Friday 1 July 2016. 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 personal hardship and difficulties obtaining information from the applicants valuation expert establishes good cause - 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; 210 LGERA 202 Category: Procedural and other rulings Parties: Proceedings 31195 of 2015 David Mario Wiskich (First Applicant) Barbara Patricia Wiskich (Second Applicant) Camden Council (Respondent)