UTSG Pty Ltd v Sydney Metro [2018] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: UTSG Pty Ltd v Sydney Metro [2018] NSWLEC 128 Hearing dates: 20, 22 August 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Class 3 Before: Pepper J Decision: See orders at [67]. Catchwords: CIVIL PROCEDURE: application to vacate hearing dates by applicant – expert forensic accounting evidence served late by respondent due to default of applicant to comply with notices to produce financial records – applicant's expert accounting opinion subsequently withdrawn – expert forensic accounting evidence central to claim – no prejudice suffered by respondent not met by costs if hearing vacated – irremedial fatal prejudice suffered by applicant if hearing not vacated – hearing vacated.

COSTS: whether the applicant should pay the costs thrown away of the vacated hearing – vacation caused by default of applicant – applicant to pay the respondent's costs of the vacation of the hearing dates and the costs of the motion to vacate. Legislation Cited: Civil Procedure Act 2005, ss 26, 56, 57, 58, 59, 60 and 66

Land Acquisition (Just Terms Compensation) Act 1991, ss 55(d), 59(1)(a)-(b), 59(1)(c) or (f), 66

Transport Administration Act 1988 Cases Cited: Jeray v Blue Mountains City Council; Jeray v Blue Mountains City Council [2011] NSWLEC 218

Lane Cove Council v Ross (No 13) [2013] NSWLEC 80

Monti v Roads and Maritime Services [2018] NSWLEC 34

Palerang Council v Banfield [2012] NSWLEC 85

Wingecarribee Shire Council v O'Shanassy (No 4) [2014] NSWLEC 52 Category: Procedural and other rulings Parties: UTSG Pty Ltd (Applicant) Sydney Metro (Respondent) Representation: Counsel: Ms A Pearman with Ms C Palmer (Applicant) Mr R Lancaster SC with Mr N Eastman (Respondent)