Huseyin and Roads and Maritime Services [2016] NSWLEC 33

Land and Environment Court New South Wales

Medium Neutral Citation: Huseyin and Roads and Maritime Services [2016] NSWLEC 33 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 applicants for their failure to lodge their present objection 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 Land Acquisition (Just Terms Compensation) Act 1991 (NSW). (2) By consent make orders in accordance with the Short Minutes of Order initialled by me and filed with the papers. (3) Direct that the parties approach the Registrar by eCourt not later than 4.30pm on Monday 4 April 2016 to obtain a date for a s 34 conciliation conference between 13 May and 17 June 2016. (4) Stand over the proceedings for a second directions hearing on Friday 24 June 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 failure of valuer acting on applicant's behalf to lodge objection 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: Mustafa Huseyin (First Applicant) Melike Huseyin (Second Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: A Pearman (Applicants) A Van Der Ley (Respondent)