Hallinan and Ors v Transport for NSW [2022] NSWLEC 119

Hallinan and Ors v Transport for NSW [2022] NSWLEC 119

It was not appropriate to grant leave for separate determination of the question as articulated because such determination would not materially reduce evidence needed, would not facilitate quicker or cheaper resolution, and all issues should be addressed together at the substantive hearing.

Parties
First Applicant: Patrick James Hallinan; Second Applicant: Leila Margaret Hallinan; Third Applicant: Hi-Quality Building and Landscape Supplies Pty Limited; Fourth Applicant: Hi-Quality Civil and Environment Services Pty Limited; Sixth Applicant: Hallinan's Pty Limited; Seventh Applicant: Tranteret Pty Limited; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Class 3 Compensation Proceedings / Motion for Separate Determination Dismissed
Outcome
Notice of motion dismissed; costs reserved
Legal Topics
Separate Determination of Question, Quantum of Compensation, Joint Determination of Compensation, Compulsory Land Acquisition
Civil Procedure Land Compensation Separate Determination of Question Quantum of Compensation Joint Determination of Compensation Compulsory Land Acquisition

Case Brief

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Parties

Patrick James Hallinan

First Applicant

Leila Margaret Hallinan

Second Applicant

Hi-Quality Building and Landscape Supplies Pty Limited

Third Applicant

Hi-Quality Civil and Environment Services Pty Limited

Fourth Applicant

Hallinan's Pty Limited

Sixth Applicant

Tranteret Pty Limited

Seventh Applicant

Transport for NSW

Respondent

Procedural Posture

Class 3 Compensation Proceedings / Motion for Separate Determination Dismissed

Legal Issues

  1. 1 Whether the Court can determine and award compensation to all applicants jointly under s 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
  2. 2 Appropriateness of separate determination of question under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW)

Ratio Decidendi

It was not appropriate to grant leave for separate determination of the question as articulated because such determination would not materially reduce evidence needed, would not facilitate quicker or cheaper resolution, and all issues should be addressed together at the substantive hearing.

Court Disposition

Notice of motion dismissed; costs reserved

Orders

  • The notice of motion filed 4 August 2022 is dismissed.
  • Costs are reserved.