oOh!media Fly Pty Limited v Transport for NSW (No 2) [2023] NSWLEC 112

oOh!media Fly Pty Limited v Transport for NSW (No 2) [2023] NSWLEC 112

It is inappropriate to allow the applicant to raise a new issue for further determination after electing to run the case on agreed questions; extensive further evidence would be required and the matter was not within the issues defined for determination. No order for post-judgment interest or costs is made against the applicant; redaction of confidential information is ordered as unopposed.

Jurisdiction
Australia
Judgment Date
19 October 2023
Procedural Posture
Compulsory Acquisition Compensation (class 3) / Post Judgment Procedural Rulings
Outcome
Informal application for further hearing refused; no order for post-judgment interest; no order for respondent's costs of informal application; redaction of confidential information ordered; exhibits to be returned.
Legal Topics
['compensation Quantum' 'costs' 'interest' 'confidentiality/redaction of Judgments']
['compulsory Acquisition' 'civil Procedure'] ['compensation Quantum' 'costs' 'interest' 'confidentiality/redaction of Judgments']

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Procedural Posture

Compulsory Acquisition Compensation (class 3) / Post Judgment Procedural Rulings

Legal Issues

  1. 1 ['Whether to permit the applicant to raise a new issue for further determination post-judgment' 'Whether to order post-judgment interest on compensation to be repaid by applicant' "Whether to order applicant to pay respondent's costs of the informal application" 'Whether to order redaction of confidential information from the judgment']

Ratio Decidendi

It is inappropriate to allow the applicant to raise a new issue for further determination after electing to run the case on agreed questions; extensive further evidence would be required and the matter was not within the issues defined for determination. No order for post-judgment interest or costs is made against the applicant; redaction of confidential information is ordered as unopposed.

Court Disposition

Informal application for further hearing refused; no order for post-judgment interest; no order for respondent's costs of informal application; redaction of confidential information ordered; exhibits to be returned.

Orders

  • ['Application by applicant to relitigate or raise new issue refused' 'No order for post-judgment interest against applicant' "No order for respondent's costs of informal application" "Redactions to judgment ordered as per applicant's request" 'Exhibits to be returned']