Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 5) [2018] NSWLEC 37

Land and Environment Court New South Wales

Medium Neutral Citation: Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 5) [2018] NSWLEC 37 Hearing dates: 20 and 21 March 2018 Decision date: 26 March 2018 Jurisdiction: Class 3 Before: Sheahan J Decision: Questions allowed Catchwords: EVIDENCE: Questions asked in cross-examination of the applicants' valuation experts challenged for alleged unfairness – questions allowed – reasons sought. Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Category: Procedural and other rulings Parties: Alexandria Landfill Pty Ltd (Applicant) Boiling Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr I Hemmings, SC with Mr M Seymour, Ms K Lindeman, barristers (Applicants) Mr R Lancaster, SC with Mr N Eastman, and Mr M Astill, barristers (Respondent)

Solicitors: Addisons (Applicants) Norton Rose Fulbright (Respondents) File Number(s): 2016/155678 2016/155930

Judgment

Introduction 1. Senior Counsel for the applicants has asked me to provide reasons for my ruling that Senior Counsel for the respondent could cross-examine the respondent's valuation experts (Mr Dyson and Mr Samuel) on whether or not a lease entered between the applicants, and remaining in force as at the date of acquisition, could impact on their assessment of the market value of Lot 2. 2. The lease is before the Court (as Tender Bundle document 455).