Jones v Department of Transport Roads and Maritime Services

Land and Environment Court New South Wales Medium Neutral Citation: Jones v Department of Transport Roads and Maritime Services [2016] NSWLEC 91 Hearing dates:22 July 2016Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction:Class 3Before: Pain J Decision: The application objecting to the offer of compensation may be heard and determined notwithstanding that the application was lodged more than 90 days after receipt of a compensation notice. Catchwords: PROCEDURE – good cause shown by the applicant to extend time for filing of appeal in relation to a claim for compensation beyond 90 days Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, s 66(3) Cases Cited: Camilleri v Transport for NSW [2013] NSWLEC 104 Category:Procedural and other rulingsParties: Rhonda Jones (Applicant) Department of Transport Roads and Maritime Services (Respondent) Representation: COUNSEL: P Lane (Applicant) H Kalarostaghi, solicitor (Respondent)   SOLICITORS: C A Williams Legal (Applicant) Hunt & Hunt Lawyers (Respondent) File Number(s):16/148009EX TEMPORE Judgment The Department of Transport Roads and Maritime Services (as the Respondent is described in the summons, hereafter the RMS) has partially acquired a property which fronts Bringelly Road Rossmore to enable the widening of Bringelly Road. The Applicant Ms Jones is a partial owner of the property together with numerous brothers following the death of her mother in 1996 and also has a life tenancy interest in the property. The Applicant’s Class 3 appeal was filed on 4 May 2016. The offer of compensation sent to the Applicant was dated 14 September 2015 and...