Lawson v South Australian Minister for Water and the River Murray [2017] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Lawson v South Australian Minister for Water and the River Murray [2017] NSWLEC 62 Hearing dates: 24 May 2017 Date of orders: 30 May 2017 Decision date: 30 May 2017 Jurisdiction: Class 3 Before: Moore J Decision: Decision at [42] and directions at [44] and [45] Catchwords: COMPENSATION FOR RESUMPTION OF LAND - land resumed in 1922 pursuant to the Public Works Act 1912 - extension of time to make compensation claim - time extended to 2015 - preliminary separate questions concerning whether the ability to claim survived the death of the person said to have held possessory title in 1922 - no claim made prior to death in 1956 - entitlement to claim not a "cause of action" preserved for the beneficiaries of the deceased estate - two rights created by s 102 of the Public Works Act 1912 - first right (to lodge claim within 90 days of gazettal of notification of resumption) is an absolute one - second right is to approach the Court to exercise its discretion to extend the time for lodgement of a claim - both rights are "personal property" as defined in the Probate and Administration Act 1898 - the definition applied in 1956 - right to approach the Court to exercise discretion transmitted (on the basis of the assumed but not agreed facts) to the deceased's estate - first preliminary separate question answered in the affirmative - qualified answer to the second preliminary separate question - answer to second preliminary separate question results in a requirement for further interlocutory proceedings - time set for directions to further progress the proceedings Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, Sch 3 Pt 2 Land and Environment Court Act 1979, s 63(2) Law Reform (Miscellaneous Provisions) Act 1944, s 2(1) Probate and Administration Act 1898, s 3(1) Public Works Act 1912, ss 42, 45, 102 and 104 Cases Cited: Lawson v South Australian Minister for Water and the River Murray (No 2) [2014] NSWLEC 189 Still v Transgrid [2005] NSWLEC 531 Category: Principal judgment Parties: Dorothy Lawson (Applicant) South Australian Minister for Water and the River Murray (First Respondent) State of New South Wales (Second Respondent) Representation: Counsel: Mr M Dengate, agent (Applicant) Mr D F O'Leary, barrister (First Respondent) Mr J Waters and Ms M Carpenter, barristers (Second Respondent)