Valuer-General of New South Wales v In Adam Pty Ltd

The Valuer-General of New South Wales sought an expedited hearing of an appeal against a decision of the Land and Environment Court of New South Wales. The respondent, In Adam Pty Ltd, opposed the application for expedition.

The primary legal issue before the Court of Appeal was whether the Valuer-General had demonstrated sufficient grounds to justify an expedited hearing, thereby displacing other cases already on the court's list. The court was required to consider the principles governing the grant of expedition, particularly the necessity for prompt action when a reason for expedition arises.

Giles JA, in dismissing the notice of motion, reasoned that the Valuer-General had not established a compelling need for expedition. The delay between the trial decision and the filing of the notice of motion indicated that the matter was not one requiring immediate attention. The court emphasised that expedition is an exceptional measure and requires a demonstration of urgency that outweighs the inconvenience to other litigants and the court's established procedures.

The notice of motion filed on 7 September 2011 was dismissed with costs.