RTA v Ashfield Municipal Council & Anor [2005] NSWCA 234

Reported Decision : 141 LGERA 278

New South Wales Court of Appeal

CITATION: RTA v Ashfield Municipal Council & Anor [2005] NSWCA 234

HEARING DATE(S): 30 June 2005

JUDGMENT DATE: 1 August 2005

JUDGMENT OF: Giles JA at 1; Tobias JA at 2; Hunt AJA at 120

DECISION: (1) Appeal allowed; (2) Set aside the declaration and orders made by Palmer J on 8 November 2004 and 22 November 2004 with respect to the first respondent's Amended Summons and in lieu thereof order that the Amended Summons be dismissed; (3) The respondent to pay the appellant's costs of the proceedings at first instance with respect to the Amended Summons and on the appeal but to have with respect to the latter a certificate under the Suitors' Fund Act 1951, if otherwise qualified

CATCHWORDS: LOCAL GOVERNMENT - Whether RTA required consent of local council under s 138(1) of Roads Act 1993 to carry out road work - Whether ss 64 and 72 authorised RTA to carry out road work without need to obtain council consent - Whether exemption in Schedule 2 clause 5 from need to obtain consent applied to RTA - STATUTORY CONSTRUCTION - Construction that would promote underlying object or purpose of Act - Whether recourse to extrinsic material permissible - Interpretation Act 1987 ss 33, 34

Roads Act 1993 LEGISLATION CITED: Interpretation Act 1987 Environmental Planning and Assessment Act 1979

Baiada v Waste Recycling and Processing Service of NSW (1999) 130 LGERA 52 Palgo Holdings Pty Ltd v Gowans (2005) 215 ALR 253 CASES CITED: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 215 ALR 385

Roads & Trafficity Authority of New South Wales PARTIES: Ashfield Municipal Council Connell Wagner Pty Limited