Cudgegong Australia Pty Limited v Transport for NSW (No 4)

Land and Environment Court New South Wales Medium Neutral Citation: Cudgegong Australia Pty Limited v Transport for NSW (No 4) [2015] NSWLEC 195 Hearing dates:11 December 2015Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction:Class 3Before: Pain J Decision: (1) Order 1 in Cudgegong v Transport for NSW (No 3) [2015] NSWLEC 185 is stayed until the date of final disposition of any application for leave to appeal lodged with the NSW Court of Appeal subject to the payment of $50,000 by Transport for NSW to Cudgegong Australia Pty Limited within 14 days (not its former solicitors who hold an authority (exhibit A) or any other person).(2)   Costs are reserved. Catchwords: PROCEDURE – application for stay of payment of advance money under the Land Acquisition (Just Terms Compensation) Act 1991 pending an appeal – risk that appeal rendered nugatory unless stay granted – exercise of discretion to grant stay on conditions Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Corporations Act 2001 (Cth), s 478 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 48, 68 Land and Environment Court Act 1979 (NSW), s 57 Cases Cited: Alexander v Cambridge Credit Corp Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Cudgegong Australia Pty Ltd v Transport for NSW [2014] NSWLEC 19 Cudgegong Australia Pty Limited v Transport for NSW (No 2) [2014] NSWLEC 36 Cudgeong v Transport for NSW (No 3) [2015] NSWLEC 185 Golden Mile Property Investments Pty Ltd (in liq) v Cudgegong Australia Pty Ltd...