Monti v Roads and Maritime Services (No 2) [2018] NSWLEC 178

Monti v Roads and Maritime Services (No 2) [2018] NSWLEC 178

Leave to amend to add a claim for special value was granted because, while the amendment was late and would cause delay and expense, the prejudice to the applicants if refused was greater than the prejudice to the respondent, and the special value claim was arguable in light of the recent Court of Appeal authority. The applicants acted promptly upon learning of the appellate authorities' effect on their original claim, and the delay was sufficiently justified. The issue of special value will require further expert evidence but this prejudice can be ameliorated by cost orders; it is not irremediable unlike the prejudice to the applicants if denied leave.

Parties
First Applicant: Allan Keith Monti; Second Applicant: Phillip Danial Monti; Third Applicant: Christopher John Monti; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Compulsory Acquisition Compensation Proceedings (class 3) / Application for Leave to Amend Claim
Outcome
Leave to amend granted.
Legal Topics
Amendment of Pleadings, Special Value in Compensation, Disturbance Claim, Land Acquisition (just Terms Compensation) Act, Case Management Discretion
Civil Procedure Land Law Compulsory Acquisition Amendment of Pleadings Special Value in Compensation Disturbance Claim Land Acquisition (just Terms Compensation) Act Case Management Discretion

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Parties

Allan Keith Monti

First Applicant

Phillip Danial Monti

Second Applicant

Christopher John Monti

Third Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Compulsory Acquisition Compensation Proceedings (class 3) / Application for Leave to Amend Claim

Legal Issues

  1. 1 Whether leave should be granted to the applicants to amend their claim to include a claim for special value under s 55(b) of the Land Acquisition (Just Terms Compensation) Act 1991 after close of evidence.
  2. 2 Whether permitting the amendment would cause undue prejudice or delay or is justified in light of recent appellate authority.

Ratio Decidendi

Leave to amend to add a claim for special value was granted because, while the amendment was late and would cause delay and expense, the prejudice to the applicants if refused was greater than the prejudice to the respondent, and the special value claim was arguable in light of the recent Court of Appeal authority. The applicants acted promptly upon learning of the appellate authorities' effect on their original claim, and the delay was sufficiently justified. The issue of special value will require further expert evidence but this prejudice can be ameliorated by cost orders; it is not irremediable unlike the prejudice to the applicants if denied leave.

Court Disposition

Leave to amend granted.

Orders

  • Leave granted to the applicants to amend their compensation claim to include a claim for 'special value' under s 55(b) of the Land Acquisition (Just Terms Compensation) Act 1991.
  • The matter is set down part-heard for an additional four days from 19 to 22 November 2018 with consequential timetabling orders.