Wiskich v Roads and Maritime Services [2016] NSWLEC 30

Wiskich v Roads and Maritime Services [2016] NSWLEC 30

Good cause was shown because the objections were lodged only 8 and 12 days late, the respondent claimed no prejudice, and the delay was explained by David Wiskich's illness and the solicitor's difficulties obtaining necessary valuation information, so the Court could proceed to hear and determine the compensation claims.

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Class 3 Compensation Proceedings Under S 66(1) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) / Notice of Motion Seeking Procedural Orders Including Leave to Lodge Applications Out of Time and Amend Applications
Outcome
Leave granted and the Court determined that it may proceed to hear and determine the applicants' compensation claims.
Legal Topics
['extension of Time' 'good Cause Under S 66(3) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'compensation Objection' 'amendment of Applications' 'acquisition of Land']
['land Acquisition Compensation' 'civil Procedure'] ['extension of Time' 'good Cause Under S 66(3) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'compensation Objection' 'amendment of Applications' 'acquisition of Land']

Case Brief

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Procedural Posture

Class 3 Compensation Proceedings Under S 66(1) of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) / Notice of Motion Seeking Procedural Orders Including Leave to Lodge Applications Out of Time and Amend Applications

Legal Issues

  1. 1 ['Whether the applicants had shown good cause under s 66(3) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) for failing to lodge objections within 90 days after receiving compensation notices.' 'Whether personal hardship, illness and difficulties obtaining valuation information explained the delay.' 'Whether the respondent suffered prejudice from the short delay.']

Ratio Decidendi

Good cause was shown because the objections were lodged only 8 and 12 days late, the respondent claimed no prejudice, and the delay was explained by David Wiskich's illness and the solicitor's difficulties obtaining necessary valuation information, so the Court could proceed to hear and determine the compensation claims.

Court Disposition

Leave granted and the Court determined that it may proceed to hear and determine the applicants' compensation claims.

Orders

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