NEW SOUTH WALES ELECTRICITY TRANSMISSION AUTHORITY v KATER [1995] NSWCA 330

NEW SOUTH WALES ELECTRICITY TRANSMISSION AUTHORITY v KATER

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBY P, SHELLER and COLE JJA 6 September 1995, 20 September 1995 [1995] NSWCA 330

ENVIRONMENTAL PLANNING AND ASSESSMENT — Land and Environment Court — jurisdiction of — claim for damages — in respect of footrot allegedly introduced by activities of Authority — whether jurisdiction — held: There is.

WORDS AND PHRASES — "by reason of" — "in respect of".

ENVIRONMENTAL PLANNING AND ASSESSMENT — Environment Court — jurisdiction of — claim for compensation for damage allegedly suffered by owner of land from introduction of footrot in consequence of activities of Electricity Authority — jurisdiction of Court extends to matters provided under an Act — Public Works Act 1912, s102 confers jurisdiction on Court for claims "in respect of damage... sustained... by reason on... work" — by s96 of the Act the constructing authority is required to give "full satisfaction... for all damages sustained... by reason of the exercise of such powers" — held: Affirming Land and Environment Court (Bannon J); The Land and Environment Court has jurisdiction to determine the compensation payable in such a case.

Land and Environment Court Act 1979, s19(h) Public Works Act 1912, s42, s80, s82, s84, s85, s88, s91, s96, s101, s102, and s104. ORDERS Appeal dismissed with costs.

Kirby P I agree with Cole JA. Sheller JA I agree with Cole JA.

Cole JA The question which arises on this appeal, brought by leave granted on 5 June 1995 from the decision of Bannon J, is whether the Land and Environment Court has jurisdiction to hear and determine a claim for damages allegedly suffered by the owner of land from the introduction of footrot in consequence of activities of the appellant where portion of the land owned by the respondent was resumed pursuant to s42 Public Works Act 1912.