Camilleri v Transport for NSW [2013] NSWLEC 104

Camilleri v Transport for NSW [2013] NSWLEC 104

Having regard to the cumulative pressures and circumstances faced by the applicants, including the complexity of the move, health issues, business continuity, divergent compensation assessments, and reasonable delay period, the Court is satisfied good cause exists for the late lodgement and grants leave for the claim to proceed.

Jurisdiction
Australia
Judgment Date
11 July 2013
Procedural Posture
Objection to Compensation for Business Disturbance Following Compulsory Acquisition of Land / Application to Proceed With Claim Out of Time
Outcome
Leave granted for objection to proceed out of time; Court may hear and determine applicants' claim for compensation.
Legal Topics
['objection to Compensation' 'extension of Time' 'business Disturbance' 'just Terms Compensation']
['compulsory Acquisition' 'land Law' 'civil Procedure'] ['objection to Compensation' 'extension of Time' 'business Disturbance' 'just Terms Compensation']

Case Brief

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Procedural Posture

Objection to Compensation for Business Disturbance Following Compulsory Acquisition of Land / Application to Proceed With Claim Out of Time

Legal Issues

  1. 1 ['Whether good cause has been shown for failure to lodge objection to compensation within 90-day period under s 66(3) of the Land Acquisition (Just Terms Compensation) Act 1991']

Ratio Decidendi

Having regard to the cumulative pressures and circumstances faced by the applicants, including the complexity of the move, health issues, business continuity, divergent compensation assessments, and reasonable delay period, the Court is satisfied good cause exists for the late lodgement and grants leave for the claim to proceed.

Court Disposition

Leave granted for objection to proceed out of time; Court may hear and determine applicants' claim for compensation.

Orders

  • ["The Court is satisfied that good cause has been shown for failure to lodge the objection within 90 days and may proceed to hear and determine the applicants' claim for compensation."]