Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2007] NSWLEC 304

Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2007] NSWLEC 304

Proceeding with the hearing on the remitted issues prior to the High Court's decision would not have sufficient utility to justify the costs and risks of unnecessary litigation; therefore, the scheduled June hearing dates should be vacated and the matter adjourned until after the High Court delivers its decision.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 May 2007
Procedural Posture
Practice and Procedure / Post Remitter, Pending High Court Appeal
Outcome
Hearing adjourned; scheduled dates vacated.
Legal Topics
['market Value Determination' 'remitter Procedure' 'adjournment Pending Appeal']
['land Law' 'compensation'] ['market Value Determination' 'remitter Procedure' 'adjournment Pending Appeal']

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Procedural Posture

Practice and Procedure / Post Remitter, Pending High Court Appeal

Legal Issues

  1. 1 ['Whether further hearing should proceed on reserved matters pending High Court appeal' 'Utility of determining value on alternative bases prior to High Court decision' 'Apprehension of bias']

Ratio Decidendi

Proceeding with the hearing on the remitted issues prior to the High Court's decision would not have sufficient utility to justify the costs and risks of unnecessary litigation; therefore, the scheduled June hearing dates should be vacated and the matter adjourned until after the High Court delivers its decision.

Court Disposition

Hearing adjourned; scheduled dates vacated.

Orders

  • ['Dates 25 to 29 June 2007 vacated.' 'Any further hearing adjourned until 14 days after the High Court makes a final decision.' 'Either party has liberty to apply on seven days notice.']