Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services [2016] NSWLEC 9

Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services [2016] NSWLEC 9

Good cause was shown because the applicants were unaware of the need to commence proceedings within 90 days, negotiations with the respondent continued during that period, the delay was relatively short, the respondent claimed no prejudice, and the applicants had statutory entitlements to compensation following acquisition of their land.

Jurisdiction
Australia
Judgment Date
19 February 2016
Procedural Posture
Class 3 Compensation Objection Following Compulsory Acquisition / Notice of Motion Seeking an Order Under S 66(3) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) to Allow Objections to Compensation to Proceed Out of Time
Outcome
Applications allowed to proceed; the Court determined it may hear and determine the applicants' respective compensation claims.
Legal Topics
['extension of Time' 'objection to Compensation' 'good Cause Under S 66(3)' 'compulsory Acquisition']
['land Acquisition' 'civil Procedure'] ['extension of Time' 'objection to Compensation' 'good Cause Under S 66(3)' 'compulsory Acquisition']

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Procedural Posture

Class 3 Compensation Objection Following Compulsory Acquisition / Notice of Motion Seeking an Order Under S 66(3) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) to Allow Objections to Compensation to Proceed Out of Time

Legal Issues

  1. 1 ['Whether the applicants showed good cause for failing to lodge objections to compensation within 90 days after receiving compensation notices.' 'Whether the Court should permit the compensation claims to proceed notwithstanding the late filing.']

Ratio Decidendi

Good cause was shown because the applicants were unaware of the need to commence proceedings within 90 days, negotiations with the respondent continued during that period, the delay was relatively short, the respondent claimed no prejudice, and the applicants had statutory entitlements to compensation following acquisition of their land.

Court Disposition

Applications allowed to proceed; the Court determined it may hear and determine the applicants' respective compensation claims.

Orders

  • ['Being satisfied that good cause has been shown by each of the applicants for their respective failures to lodge the present applications within 90 days after receiving a compensation notice from the respondent, the Court determined that it may proceed to hear and determine their respective claims for compensation.']