MANSON v ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES [1996] NSWCA 339

MANSON v ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P and SHELLER JA 13 May 1996

[1996] NSWCA 339

Mahoney P. The Court has come to a conclusion in relation to this matter and in the special circumstances of the case the Court will deliver judgment in relation to it.

Mr and Mrs Manson are owners of property which I understand is situated at 593 Pennant Hills Road, Beecroft. The land is, according to the documents before the Court, Lot 9 in Deposited Plan 30912. It is proposed to build a freeway, not immediately next to the land, but within a short distance of the land and in the course of doing that work, excavations will be carried out which, if one may infer from the terms of the plan which has been placed before the Court, will establish a retaining wall from the ground level down to the carriageway some three or four metres or more below.

In connection with the construction of the freeway it is proposed to acquire, as they have been described, a rock anchor easement. This will involve that over an area of land, some three metres or more below the ground level of the land of Mr and MrsManson, it is proposed to insert rock anchors presumably in order to retain the retaining wall or otherwise secure the stability of the freeway.

The Government — I use that term to include the relevant statutory authority — proposes to acquire an easement or easements of the kind to which I have referred. It is in connection with the steps taken to acquire those rights that the present litigation has arisen.

It is not necessary for me to detail all of the facts. They are set forth in the judgment of Mr Justice Bryson in the Equity Division from which leave to appeal is now sought. It is sufficient if I refer to the facts and the arguments briefly.