Attard and Ors v Transport for New South Wales [2013] NSWLEC 176

Attard and Ors v Transport for New South Wales [2013] NSWLEC 176

It is appropriate for the seven Schofields Road compensation proceedings to be heard together before the same judge, as this approach will yield substantial time and cost savings considering the significant overlap of issues and evidence, will promote just, quick and cheap resolution, and there is no significant prejudice or inconvenience to any party; the eighth proceeding (31263 of 2012) is appropriately listed for separate directions for later hearing due to its different issues.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Application Regarding Case Management in Compulsory Acquisition Compensation Proceedings / Case Management/interlocutory Orders
Outcome
Seven proceedings to be heard together and fixed for trial; eighth proceeding to remain set for directions only; costs in the cause.
Legal Topics
['hearing of Related Proceedings Together' 'case Management' 'land Compensation Procedures']
['property Law' 'compulsory Acquisition' 'civil Procedure'] ['hearing of Related Proceedings Together' 'case Management' 'land Compensation Procedures']

Case Brief

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Procedural Posture

Application Regarding Case Management in Compulsory Acquisition Compensation Proceedings / Case Management/interlocutory Orders

Legal Issues

  1. 1 ['Whether to order that seven related compensation proceedings be heard together and the eighth immediately after' 'Whether hearing the cases together promotes just, quick and cheap resolution' 'Assessment of substantial time and cost savings']

Ratio Decidendi

It is appropriate for the seven Schofields Road compensation proceedings to be heard together before the same judge, as this approach will yield substantial time and cost savings considering the significant overlap of issues and evidence, will promote just, quick and cheap resolution, and there is no significant prejudice or inconvenience to any party; the eighth proceeding (31263 of 2012) is appropriately listed for separate directions for later hearing due to its different issues.

Court Disposition

Seven proceedings to be heard together and fixed for trial; eighth proceeding to remain set for directions only; costs in the cause.

Orders

  • ['Orders that the seven Schofields Road proceedings be tried together before the same Judge (31254/2012, 31256/2012, 30074/2013, 30068/2013, 30071/2013, 30064/2013, 30095/2013)' 'Fixes the hearing from 13–28 February 2014' 'Permits share of subpoenaed/produced documents with appropriate safeguards' 'Timetables...