NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Dexus CPA Pty Ltd v Sydney Metro [2019] NSWLEC 186 Hearing dates: 27 November 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Class 3 Before: Moore J Decision: Separate question refused Catchwords: SEPARATE QUESTION – proposed separate question not dispositive of proceedings – necessity for expert evidence on separate question – likelihood of appeal of any determination of separate question – no significant saving of time – separate question not appropriate Legislation Cited: Civil Procedure Act 2005, s 56 Land Acquisition (Just Terms Compensation) Act 1991, s 55(f) Uniform Civil Procedure Rules 2005, rr 28.2 and 31.19 Cases Cited: 820 Cawdor Road Pty Ltd v Wollondilly Shire Council (2013) 195 LGERA 170; [2013] NSWLEC 8 Bligh Consulting v Ausgrid [2017] NSWCA 95 Syncept Chatham Pty Ltd v Council of the City of Ryde [2019] NSWLEC 115 Category: Procedural and other rulings Parties: Dexus CPA Pty Ltd (Applicant) Sydney Metro (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr R Lancaster SC (Respondent)
Solicitors: King & Wood Mallesons (Applicant) Ashurst Australia (Respondent) File Number(s): 103347, 103348, 103349 and 135872 of 2019 Publication restriction: No
TABLE OF CONTENTS Introduction The separate question application The evidence Consideration Orders
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