Harcorp Pty Ltd v Roads and Maritime Services [2016] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: Harcorp Pty Ltd v Roads and Maritime Services [2016] NSWLEC 32 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 the applicant for its failure to lodge the present objection within 90 days after receiving a compensation notice from the respondent, I determine that the Court may proceed to hear and determine its claim for compensation under s 66(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). (2) By consent I make orders and give directions in accordance with the Short Minutes of Order initialled by me and filed with the papers. (3) Give leave to the parties to approach the Registrar by email or by eCourt not later than 8 April 2016 in order to obtain a date for a s 34 conciliation conference. 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 loss of legal services and lack of understanding of the requirement for proceedings to be commenced within the required time 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: Harcorp Pty Limited (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: W Howard (Sole Company Director) (Self represented) (Applicant) G Li (solicitor) (Respondent)