Opera Australia v Sydney Metro; Kritikos Developments Pty Ltd trading as Iron Duke Hotel v Sydney Metro [2020] NSWLEC 28

Opera Australia v Sydney Metro; Kritikos Developments Pty Ltd trading as Iron Duke Hotel v Sydney Metro [2020] NSWLEC 28

The Court declined to make a preliminary admissibility ruling because the probative value and relevance of the disputed evidence depended on competing constructions of cl 2 of Sch 6B to the Transport Administration Act 1988 (NSW), which were the substantive issues for the separate questions. Partial revocation of Question 1(a)(ii) was inappropriate because the limbs of cl 2 should be construed together and separate hearings would risk further fragmentation. However, the order for all Second Separate Questions was revoked because the applicants needed time to adduce responsive evidence, the likely time and cost savings of maintaining separate questions were uncertain, the utility of the...

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Class 3 Appeals Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) Concerning Compulsory Acquisition of Subsurface Stratum / Notices of Motion Seeking Preliminary Determination of Admissibility of Evidence and Revocation of Orders for Separate Determination of Questions
Outcome
The order for separate determination of questions was revoked; the matters were to proceed toward final hearing. The preliminary admissibility ruling and partial revocation sought by the applicants were not granted.
Legal Topics
['separate Determination of Questions' 'preliminary Ruling on Evidence' 'revocation of Separate Questions' 'compulsory Acquisition of Subsurface Stratum' 'compensation for Underground Rail Facilities']
['civil Procedure' 'evidence' 'land Acquisition and Compensation' 'transport Infrastructure'] ['separate Determination of Questions' 'preliminary Ruling on Evidence' 'revocation of Separate Questions' 'compulsory Acquisition of Subsurface Stratum' 'compensation for Underground Rail Facilities']

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Procedural Posture

Class 3 Appeals Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) Concerning Compulsory Acquisition of Subsurface Stratum / Notices of Motion Seeking Preliminary Determination of Admissibility of Evidence and Revocation of Orders for Separate Determination of Questions

Legal Issues

  1. 1 ["Whether the Court should make a preliminary determination as to the admissibility of parts of Sydney Metro's expert evidence for the hearing of the separate questions." 'Whether the order for separate determination should be revoked insofar as it related to Question 1(a)(ii).' 'Whether the order made on 2 October 2019 for the separate determination of all Second Separate Questions should be revoked and the matters proceed to final hearing.']

Ratio Decidendi

The Court declined to make a preliminary admissibility ruling because the probative value and relevance of the disputed evidence depended on competing constructions of cl 2 of Sch 6B to the Transport Administration Act 1988 (NSW), which were the substantive issues for the separate questions. Partial revocation of Question 1(a)(ii) was inappropriate because the limbs of cl 2 should be construed together and separate hearings would risk further fragmentation. However, the order for all Second Separate Questions was revoked because the applicants needed time to adduce responsive evidence, the likely time and cost savings of maintaining separate questions were uncertain, the utility of the...

Court Disposition

The order for separate determination of questions was revoked; the matters were to proceed toward final hearing. The preliminary admissibility ruling and partial revocation sought by the applicants were not granted.

Orders

  • ['The order made on 2 October 2019 for the separate determination of questions pursuant to rule 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) is revoked.' 'The parties are directed to confer and prepare Short Minutes of Order for the preparation of the matter for final hearing.' 'The matter is listed for...