Monti v Roads and Maritime Services [2018] NSWLEC 34

Land and Environment Court New South Wales

Medium Neutral Citation: Monti v Roads and Maritime Services [2018] NSWLEC 34 Hearing dates: 19 March 2018 Decision date: 21 March 2018 Jurisdiction: Class 3 Before: Molesworth AJ Decision: Orders made 19 March 2018

1 That the hearing dates commencing 22 March 2018 be vacated. 2 That the date of 19 March 2018, as appearing in Order 8 of the Court Orders dated 12 March 2018, be substituted with date of 29 March 2018, and that the supplementary expert report/s referred to therein be filed before close of business hours on that date. 3 That any further joint supplementary reports prepared by the parties' experts in the disciplines of blasting, geology, planning, quarrying and forensic accounting, be served before close of business hours on 10 April 2018. 4 That orders 9, 10, 11, 12 and 13, as appearing in the Court Orders dated 12 March 2018, be vacated. 5 The proceedings be listed for directions before the Land Valuation and Compensation List Judge on Friday 13 April 2018. 6 Liberty to restore at three working days' notice.

Orders made 21 March 2018

7 The Applicants' costs thrown away due to the vacating of the scheduled dates for the primary hearing are to be paid by the Respondent, with the final orders with respect to their quantification and payment to be determined by the Court at the conclusion of the proceedings.

8 The parties' additional costs incurred by reason of the emergence of the After Case 2 scenario following the service of the Joint Expert Report dated 2 March 2018, be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – Notice of Motion seeking vacation of Class 3 hearing dates – tight timeframes – Respondent expert report late – prejudice to Applicants – application granted Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 ss 55, 56, 59, 68 Cases Cited: Thaler v Cooma Monaro Shire Council (No 2) [2014] NSWLEC 51