Antonino Gaudioso v Transport for New South Wales [2022] NSWLEC 4

Antonino Gaudioso v Transport for New South Wales [2022] NSWLEC 4

There was no power to make further orders varying interest after final orders for compensation were made, absent a relevant application or source of power under the rules; and even if such power existed, the discretion conferred by s 66(4) should not be exercised merely because the threshold is met, unless additional considerations of justice so require, which were not shown here.

Jurisdiction
Australia
Judgment Date
06 January 2022
Procedural Posture
Notice of Motion (application Under S 66(4) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw)) Within Class 3 Compensation Proceedings / Post Judgment Application; Consideration of Power to Cancel or Reduce Interest After Final Compensation Determination
Outcome
Notice of Motion dismissed; applicant ordered to pay respondents' costs of the motion.
Legal Topics
['interest on Compensation' 'statutory Discretion' 'finality of Orders']
['compulsory Acquisition' 'land Law' 'civil Procedure'] ['interest on Compensation' 'statutory Discretion' 'finality of Orders']

Case Brief

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Procedural Posture

Notice of Motion (application Under S 66(4) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw)) Within Class 3 Compensation Proceedings / Post Judgment Application; Consideration of Power to Cancel or Reduce Interest After Final Compensation Determination

Legal Issues

  1. 1 ['Whether the Court had power to make further orders to cancel or reduce interest after final compensation orders had been made' 'Whether the discretion under s 66(4) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) should be exercised to reduce or cancel interest in circumstances where the compensation awarded was not more than 10% greater than the offer']

Ratio Decidendi

There was no power to make further orders varying interest after final orders for compensation were made, absent a relevant application or source of power under the rules; and even if such power existed, the discretion conferred by s 66(4) should not be exercised merely because the threshold is met, unless additional considerations of justice so require, which were not shown here.

Court Disposition

Notice of Motion dismissed; applicant ordered to pay respondents' costs of the motion.

Orders

  • ['The Notice of Motion filed on 17 September 2021 is dismissed.' "Transport for New South Wales is ordered to pay Mr Antonino and Ms Carmel Gaudioso's costs of the Notice of Motion."]