Cudgegong Australia Pty Limited v Transport for NSW (No 4) [2015] NSWLEC 195

Cudgegong Australia Pty Limited v Transport for NSW (No 4) [2015] NSWLEC 195

A stay of the advance payment order is justified where there is an arguable appeal concerning complex and novel legal issues, significant risk that the appellant would be unable to recover monies if successful, and the interests of justice require balancing the risks to both parties; the stay is appropriately conditioned on payment of $50,000 to Cudgegong to permit legal representation in the appeal.

Parties
Applicant: Cudgegong Australia Pty Limited; First Respondent: Transport for NSW; Second Respondent: Golden Mile Property Investments Pty Limited (in liquidation)
Jurisdiction
Australia
Judgment Date
14 December 2015
Procedural Posture
Interlocutory Motion / Application for Stay of Order Pending Appeal
Outcome
Stay granted on condition; costs reserved.
Legal Topics
Application for Stay, Advance Payment Under Land Acquisition (just Terms Compensation) Act 1991, Discretion on Stay Pending Appeal, Risks of Irrecoverability of Funds, Balance of Convenience
Administrative Law Compulsory Acquisition Civil Procedure Application for Stay Advance Payment Under Land Acquisition (just Terms Compensation) Act 1991 Discretion on Stay Pending Appeal Risks of Irrecoverability of Funds Balance of Convenience

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Parties

Cudgegong Australia Pty Limited

Applicant

Transport for NSW

First Respondent

Golden Mile Property Investments Pty Limited (in liquidation)

Second Respondent

Procedural Posture

Interlocutory Motion / Application for Stay of Order Pending Appeal

Legal Issues

  1. 1 Whether a stay of an order for advance payment under the Land Acquisition (Just Terms Compensation) Act 1991 should be granted pending appeal
  2. 2 Risk of appeal being rendered nugatory if stay refused
  3. 3 Balance of convenience and interests of justice in granting stay

Ratio Decidendi

A stay of the advance payment order is justified where there is an arguable appeal concerning complex and novel legal issues, significant risk that the appellant would be unable to recover monies if successful, and the interests of justice require balancing the risks to both parties; the stay is appropriately conditioned on payment of $50,000 to Cudgegong to permit legal representation in the appeal.

Court Disposition

Stay granted on condition; costs reserved.

Orders

  • Order 1 in Cudgegong v Transport for NSW (No 3) [2015] NSWLEC 185 is stayed until final disposition of any application for leave to appeal lodged with the NSW Court of Appeal, subject to payment of $50,000 by Transport for NSW to Cudgegong Australia Pty Limited within 14 days.
  • Costs are reserved.