Monti v Roads and Maritime Services (No 2) [2018] NSWLEC 178

Land and Environment Court New South Wales

Medium Neutral Citation: Monti v Roads and Maritime Services (No 2) [2018] NSWLEC 178 Hearing dates: 6 November 2018 Date of orders: 06 November 2018 Decision date: 06 November 2018 Jurisdiction: Class 3 Before: Pepper J Decision: Leave to amend granted. Catchwords: PROCEDURE: application for leave to amend claim to add claim for special value in compulsory acquisition – amendment caused in part by recent NSWCA decisions - evidence closed – witnesses excused – prejudice to both parties – greater prejudice to applicants if leave not granted – leave to amend granted. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 59, 60, 64

Land Acquisition (Just Terms Compensation) Act 1991, ss 55(a), 55(b), 55(f), 57, 59(1)(f) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175

Health Administration Corporation v George D Angus Pty Ltd [2014] NSWCA 352; (2014) 88 NSWLR 752

Kelly v Mina [2014] NSWCA 9

Melino v Roads and Maritime Services [2018] NSWCA 251

Michele Melino and three others in their capacity as Executors of the Estate of the late Costanzo Melino v Roads and Maritime Services [2017] NSWLEC 118; (2017) 226 LGERA 337

Moloney v Roads and Maritime Services (No 2) [2017] NSWLEC 68

Moloney v Roads and Maritime Services [2018] NSWCA 252

Monti v Roads and Maritime Services [2018] NSWLEC 34 Category: Procedural and other rulings Parties: Allan Keith Monti (First Applicant) Phillip Danial Monti (Second Applicant) Christopher John Monti (Third Applicant) Road and Maritime Services (Respondent) Representation: Counsel: Mr I Hemmings SC with Ms A Pearman (First to Third Applicants) Dr S Pritchard SC with Mr L Waterson (Respondent)