RD Miller Pty Ltd v Roads and Maritime Services NSW (No. 2) [2019] NSWLEC 173

Land and Environment Court New South Wales

Medium Neutral Citation: RD Miller Pty Ltd v Roads and Maritime Services NSW (No. 2) [2019] NSWLEC 173 Hearing dates: 21 October 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraphs 28 and 29 Catchwords: ENVIRONMENT AND PLANNING – Land and Environment Court – Jurisdiction and powers – procedure – Civil Procedure Act s 64 – amendment to points of claim – Roads Act 1993 Legislation Cited: Civil Procedure Act 2005 Roads Act 1993 Cases Cited: AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 F Hannan (Properties) Pty Limited v Council of the City of Sydney [2011] NSWLEC 44 Kelly v Mina [2014] NSWCA 9 Michael Realty Pty Ltd v Carr [1975] 2 NSWLR 812 Monti v Roads and Maritime Services (No. 2) [2018] NSWLEC 178 RD Miller Pty Ltd v Roads and Maritime Services NSW [2019] NSWLEC 129 Category: Procedural and other rulings Parties: RD Miller Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Ms N Hammond (Applicant) Mr R Beasley SC and Mr D Hume (Respondent)

Solicitors: Harrington Lawyers (Applicant) MinterEllison (Respondent) File Number(s): 2018/385065 Publication restriction: No

Judgment

Nature of proceedings 1. The Applicant has commenced proceedings in class 3 of the Court's jurisdiction relating to a claim for compensation pursuant to s 68(1) of the Roads Act 1993 for loss of access across the boundary of its land (Lot 4 DP 1077434) (the Land) to the adjoining road formerly known as the Princes Highway (now known as Newtown Road) (the Road). 2. The Applicant has filed Points of Claim in the proceedings. By earlier Notice of Motion the Respondent was successful in its application to strike out paragraphs 37(a) and (b) of the Applicant's Points of Claim: RD Miller Pty Ltd v Roads and Maritime Services NSW [2019] NSWLEC 129, per Robson J (RD Miller (No. 1)). 3. The Applicant now seeks, by Notice of Motion dated 18 September 2019, leave to amend its Points of Claim to make various amendments including to add redrafted paragraphs 37(a) and (b). The Respondent does not oppose the inconsequential amendments but does oppose the proposed amendment to include paragraphs 37(a) and (b) and the incidental amendments to paragraphs 34 and 35A. 4. For the reasons outlined below I have determined to refuse the Applicant's request for leave to make the amendments to paragraphs: 34; 35A; 37(a); and 37(b).