Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services

PDF
Word
Highlights
Notes
Overview Full Text
Details
Case Agency Issuance Number Published Date

Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services

[2016] NSWLEC 9

Tags

No tags available

Case

Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services

[2016] NSWLEC 9

Land and Environment Court New South Wales Medium Neutral Citation: Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services [2016] NSWLEC 9 Hearing dates:19 February 2016Date of orders: 19 February 2016 Decision date: 19 February 2016 Jurisdiction:Class 3Before: Craig J Decision: Being satisfied that good cause has been shown by each of the applicants for their respective failures to lodge the present applications within 90 days after receiving a compensation notice from the respondent, I determine that the Court may proceed to hear and determine their respective claims for compensation. Catchwords: PROCEDURE - application to extend time for filing of compensation appeal – s 66 of the Land Acquisition (Just Terms Compensation) Act 1991(NSW) - whether Applicants satisfied the Court that they had good cause for failure to lodge appeal - whether personal and financial hardship establishes good cause - no prejudice suffered by the Respondent - appropriate to allow matter to proceed to determination for their respective compensation claims Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Cases Cited: Leclercq v Essential Energy [2015] NSWLEC 50 Sydney Nationwide Realty Pty Ltd v Sydney Metro; IAE EDU NET Pty Ltd v Sydney Metro [2011] NSWLEC 19 Category:Procedural and other rulingsParties: 31238 of 20;15 James Assoni (Applicant) Representation: 31238 of 2015 and 31239 of 2015 Counsel: N Eastman (Applicant) H Kalarostaghi, solicitor (Respondent)   Solicitors: G & S Law Group (Applicant) Hunt & Hunt Lawyers (Respondent) File Number(s):31238 of 201531239 of 2015ex tempore Judgment Mr James Assoni...

Continue reading the full case

Case content preview

Tags

No tags available

Case

Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services

[2016] NSWLEC 9

Land and Environment Court New South Wales Medium Neutral Citation: Assoni v Roads and Maritime Services; Assoni v Roads and Maritime Services [2016] NSWLEC 9 Hearing dates:19 February 2016Date of orders: 19 February 2016 Decision date: 19 February 2016 Jurisdiction:Class 3Before: Craig J Decision: Being satisfied that good cause has been shown by each of the applicants for their respective failures to lodge the present applications within 90 days after receiving a compensation notice from the respondent, I determine that the Court may proceed to hear and determine their respective claims for compensation. Catchwords: PROCEDURE - application to extend time for filing of compensation appeal – s 66 of the Land Acquisition (Just Terms Compensation) Act 1991(NSW) - whether Applicants satisfied the Court that they had good cause for failure to lodge appeal - whether personal and financial hardship establishes good cause - no prejudice suffered by the Respondent - appropriate to allow matter to proceed to determination for their respective compensation claims Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Cases Cited: Leclercq v Essential Energy [2015] NSWLEC 50 Sydney Nationwide Realty Pty Ltd v Sydney Metro; IAE EDU NET Pty Ltd v Sydney Metro [2011] NSWLEC 19 Category:Procedural and other rulingsParties: 31238 of 20;15 James Assoni (Applicant) Representation: 31238 of 2015 and 31239 of 2015 Counsel: N Eastman (Applicant) H Kalarostaghi, solicitor (Respondent)   Solicitors: G & S Law Group (Applicant) Hunt & Hunt Lawyers (Respondent) File Number(s):31238 of 201531239 of 2015ex tempore Judgment Mr James Assoni...