Landan Development Pty Ltd v Sydney Metro; Opera Australia v Sydney Metro; Altomonte Holdings Pty Ltd v Sydney Metro [2019] NSWLEC 65

Land and Environment Court New South Wales

Medium Neutral Citation: Landan Development Pty Ltd v Sydney Metro; Opera Australia v Sydney Metro; Altomonte Holdings Pty Ltd v Sydney Metro [2019] NSWLEC 65 Hearing dates: 13 May 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [65] Catchwords: SEPARATE QUESTION - construction of statutory provision in Transport Administration Act 1988 potentially determinative of whether proceedings can be presently dealt with or whether they require to be postponed until the Sydney Metro line tunnel is actually constructed - separate question answered in the affirmative - affirmative answer to separate question does not require deferral of determination of one of the proceedings as the acquiring authority concedes the tunnel under one premises is sufficiently complete to engage the necessity for further consideration of that application - necessity for consideration of a second separate question concerning statutory construction of the Act - matter set down for directions for settlement of second separate question and pre-trial directions concerning it Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Transport Administration Act 1988, Sch 6B(2)(1) Cases Cited: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Category: Procedural and other rulings Parties: Landan Development Pty Ltd (Applicant in Matter No 179801 of 2018) Opera Australia (Applicant in Matter No 183630 of 2018) Altomonte Holdings Pty Ltd (Applicant in Matter No 253580 of 2018) Sydney Metro (Respondent in all matters) Representation: Counsel: Mr I Hemmings SC/Ms J McKelvey, barrister (Applicant in Matter 179801 of 2018) Mr T Hale SC/Mr D Robertson, barrister (Applicant in Matter No 183630 of 2018) Ms J McKelvey, barrister (Applicant in Matter No 253580 of 2018) Ms S Duggan SC/Mr L Waterson, barrister (Respondent in all matters)