Land and Environment Court
New South Wales
Medium Neutral Citation: Gaudioso v Roads and Maritime Services [2019] NSWLEC 10 Hearing dates: 14 December 2018 Date of orders: 11 January 2019 Decision date: 11 February 2019 Jurisdiction: Class 3 Before: Sheahan J Decision: The Respondent’s Notice of Motion is dismissed. See paragraph [60]
Catchwords: PRACTICE AND PROCEDURE: Notice of Motion to set aside “disclosure documents” issued by the Applicants to the Respondent and some non-parties – compulsory acquisition – no Points of Claim or Points of Defence yet filed – principles to be applied. Legislation Cited: Land Acquisition (Just terms Compensation) Act 1991 Cases Cited: A v Z (2007) 212 FLR 255
Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122
Air Canada v Secretary of State for Trade (No 2) [1983] 2 AC 394; [1983] 2 WLR 494
Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 3) [2017] NSWLEC 183
Alister v The Queen (1984) 154 CLR 404
Attorney-General for NSW v Chidgey [2008] NSW CCA 65; 182 A Crim R 536
Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110
Bailey v Beagle Management Pty Ltd [2001] FCA 60; (2001) 105 FCR 136
Commissioner for Railways v Small (1938) 38 SR(NSW) 564
Cosco Holdings Pty Ltd v Federal Commissioner of Taxation [1997] FCA 1504; (1997) 37 ATR 432
ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307
ICAP Pty Ltd v Moebes [2009] NSWSC 306
Jacfin Pty Ltd v TransGrid [2013] NSWLEC 180
McLaughlin v Dungowan Manly Pty Ltd (NSWSC 4924/06)
NSW Commissioner of Police v Tuxford [2002] NSWCA 139
Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115
R v Saleam [1999] NSWCCA 86
Trade Practices Commission v Arnotts Limited (No 2) (1989) 21 FCR 306; 88 ALR 90
Travel Compensation Fund v Blair [2002] NSWSC 1228
Wingecarribee Shire Council v O'Shanassy (No 2) [2014] NSWLEC 32
Young v King (No 3) [2012] NSWLEC 42Category: Procedural and other rulings Parties: Antonino Gaudioso (First Applicant, Respondent on the Notice of Motion)
Carmel Gaudioso (Second Applicant, Respondent on the Notice of Motion)
Roads and Maritime Services (Respondent, Applicant on the Notice of Motion)Representation: Counsel:
Solicitors:
Mr I Hemmings, SC (Applicants, Respondents on the Notice of Motion)
Ms A Hemmings, barrister (Respondent, Applicant on the Notice of Motion)
Mills Oakley (Applicants, Respondents on the Notice of Motion)
Herbert Smith Freehills (Respondent, Applicant on the Notice of Motion)
File Number(s): 2018/192614
Judgment
Introduction
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The Respondent (“RMS”) has asked the Court to set aside two subpoenas and a Notice to Produce (“NTP”) issued by the Applicants.
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RMS filed its “set aside” Notice of Motion (“NOM”) on 8 October 2018, and, on 6 November 2018, it was set down for hearing before me on 14 December 2018.
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The Applicants were represented at that hearing by Mr I Hemmings SC and the Respondent RMS by…
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- Case
- [2019] NSWLEC 10
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the penalty imposed on the plaintiff was correctly applied under the statutory provisions in question. The court needed to interpret the relevant legislation and assess whether the penalty was properly imposed in accordance with the law. Additionally, the court had to consider whether there was any ambiguity in the statutory language that might have led to the incorrect application of the penalty.
The court held that the statutory language was clear and unambiguous, and that the penalty imposed on the plaintiff was consistent with the legislative provisions. The court found that the penalty was correctly applied and dismissed the plaintiff's challenge. The court reasoned that the statutory provisions did not contain any ambiguity that would justify a different interpretation. The court also considered the legislative history and purpose of the provisions, confirming that the penalty was appropriately applied. Consequently, the court dismissed the plaintiff's claim, upholding the penalty imposed by the Roads and Maritime Services.
Orders
Orders of the court
The Respondent’s Notice of Motion is dismissed. See paragraph [60]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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