E J Cooper & Son Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 386

The court should allow the case to be re-opened to enable a fair determination as no prejudice to the respondent was identified.

Jurisdiction: Australia
Judgment Date: 12 December 2003
Procedural Posture: Application to Re Open Applicant's Case / Interlocutory
Outcome: Application to re-open applicant's case allowed
Legal Topics: ['practice and Procedure Re Opening' 'disturbance Compensation']

Case Brief

Summary, issues, holding and outcome

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Application to Re Open Applicant's Case / Interlocutory

1 ['Whether the applicant is entitled to compensation for disturbance under s 59 of the Land Acquisition (Just Terms Compensation) Act 1991' 'Whether the case should be re-opened to allow further evidence']

The court should allow the case to be re-opened to enable a fair determination as no prejudice to the respondent was identified.

Application to re-open applicant's case allowed

['Applicant permitted to re-open its case and recall Mr Camilleri for further evidence']