ZGWH Holdings Pty Limited v Sydney Metro (ABN 12 354 063 515) [2018] NSWLEC 154

ZGWH Holdings Pty Limited v Sydney Metro (ABN 12 354 063 515) [2018] NSWLEC 154

The December 2018 hearing dates had to be vacated because the Applicant's latest highest and best use case had effectively collapsed and the Court was not satisfied that the case could be reframed or concluded within the allocated hearing time. Although the sun access plane error was beyond either party's control, the Applicant and its advisers failed to identify and address it in a timely manner, making the vacation unavoidable and justifying orders that the Applicant pay the Respondent's costs of the motion and costs thrown away.

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Class 3 Compensation Proceedings / Notice of Motion by Applicant to Vacate Hearing Dates
Outcome
Hearing dates vacated; Applicant ordered to pay Respondent's costs of the Notice of Motion and costs thrown away; proceedings stood over.
Legal Topics
['vacation of Hearing Dates' 'costs Thrown Away' 'highest and Best Use' 'expert Evidence' 'sun Access Plane']
['civil Procedure' 'land Valuation and Compensation'] ['vacation of Hearing Dates' 'costs Thrown Away' 'highest and Best Use' 'expert Evidence' 'sun Access Plane']

Case Brief

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Procedural Posture

Class 3 Compensation Proceedings / Notice of Motion by Applicant to Vacate Hearing Dates

Legal Issues

  1. 1 ["Whether the December 2018 hearing dates should be vacated because the Applicant's case on highest and best use had effectively collapsed after identification of a sun access plane problem." "Whether the Applicant should pay the Respondent's costs of the Notice of Motion and costs thrown away by the vacation of hearing dates and abandonment of scenarios."]

Ratio Decidendi

The December 2018 hearing dates had to be vacated because the Applicant's latest highest and best use case had effectively collapsed and the Court was not satisfied that the case could be reframed or concluded within the allocated hearing time. Although the sun access plane error was beyond either party's control, the Applicant and its advisers failed to identify and address it in a timely manner, making the vacation unavoidable and justifying orders that the Applicant pay the Respondent's costs of the motion and costs thrown away.

Court Disposition

Hearing dates vacated; Applicant ordered to pay Respondent's costs of the Notice of Motion and costs thrown away; proceedings stood over.

Orders

  • ['The hearing dates 3-12 December 2018, and any pre-trial mention date, are vacated.' 'The Applicant is ordered to pay the Respondent\'s costs on the Notice of Motion filed 18 September 2018, and the Respondent\'s "costs thrown away", occasioned by (a) the abandonment of Scenarios 1 and 1A of the Applicant\'s case,...