Rafailidis v Roads and Maritime Services [2013] NSWLEC 131

Rafailidis v Roads and Maritime Services [2013] NSWLEC 131

Because the compensation proceedings remained on foot, their management rested with the Court and the Court was required to secure a just, quick and cheap resolution having regard to both parties' interests. RMS was entitled to timely determination of the compensation payable, so directions for exchange of expert valuation evidence, a joint experts' report and further directions were appropriate notwithstanding the applicants' opposition.

Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Class 3 Proceedings Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) for Determination of Compensation Following Compulsory Acquisition of Land / Directions Hearing After Termination of a S 34 Conciliation Conference
Outcome
Directions given for preparation and exchange of expert valuation evidence and further directions listing.
Legal Topics
['directions for Preparation and Exchange of Evidence' 'self Represented Litigants' 'case Management' 'compulsory Acquisition Compensation']
['practice and Procedure' 'land Acquisition Compensation'] ['directions for Preparation and Exchange of Evidence' 'self Represented Litigants' 'case Management' 'compulsory Acquisition Compensation']

Case Brief

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Procedural Posture

Class 3 Proceedings Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) for Determination of Compensation Following Compulsory Acquisition of Land / Directions Hearing After Termination of a S 34 Conciliation Conference

Legal Issues

  1. 1 ["Whether the Court should give directions for the preparation and exchange of expert valuation evidence despite the applicants' refusal to accept the making of directions or orders." 'How the proceedings should be managed after the failure of the conciliation conference and while the compensation application remained current.']

Ratio Decidendi

Because the compensation proceedings remained on foot, their management rested with the Court and the Court was required to secure a just, quick and cheap resolution having regard to both parties' interests. RMS was entitled to timely determination of the compensation payable, so directions for exchange of expert valuation evidence, a joint experts' report and further directions were appropriate notwithstanding the applicants' opposition.

Court Disposition

Directions given for preparation and exchange of expert valuation evidence and further directions listing.

Orders

  • ['The parties are to exchange their expert valuation evidence by 6 September 2013.' "A joint valuation experts' report is to be served by the experts on the parties by 20 September 2013." 'List the matter for further directions on Friday 11 October 2013.' "In the event that either party fails to take any step or...