Hogan v Health Administration Corporation [2020] NSWLEC 57

Land and Environment Court New South Wales

Medium Neutral Citation: Hogan v Health Administration Corporation [2020] NSWLEC 57 Hearing dates: 15 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Class 3 Before: Pepper J Decision: Hearing dates vacated. Costs reserved. Catchwords: PROCEDURE: application to vacate hearings dates due to non-compliance by expert town planners with orders for the filing of their joint report – matter raises complex planning issues – expert valuers require joint town planning report to complete their evidence – prejudice to both parties by non-compliance of town planners with orders – hearing vacated – costs reserved to be determined at a specially fixed hearing. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 59, 60 Uniform Civil Procedure Rules 2005, r 31.32, Sch 7 Category: Procedural and other rulings Parties: Brendan James Hogan (Applicant) Health Administration Corporation (Respondent) Representation: Counsel: Mr N Eastman (Applicant) Ms B Tronson (Respondent)

Solicitors: Project Lawyers (Applicant) Herbert Smith Freehills (Respondent) File Number(s): 2018/314598

Judgment

The Parties Seek a Vacation of the Hearing Dates Due to the Failure of the Town Planning Experts to File Their Joint Report 1. This Class 3 compulsory acquisition matter was listed to be heard before me on 25-29 May 2020. 2. The matter was set down for hearing on 9 August 2019. At that time, evidence from neither the expert town planners nor the valuers had been finalised. Thus timetabling orders were made for the completion of this evidence in sufficient time for the hearing to occur. 3. However, non-compliance by the expert town planners in the serving of their joint report has meant that, for the reasons explained below, the parties have had to apply for the hearing to be vacated. 4. Having had regard to the material contained in the affidavit of Ms Sophie Volk sworn 14 May 2020, the solicitor for the respondent (the Health Administration Corporation ("HCA")), and the submissions of the parties, the Court has no option but to reluctantly accede to the application.