Save Our Rail NSW Inc v State of New South Wales by the Minister administering Transport for New South Wales [2014] NSWSC 1875

Supreme Court New South Wales

Medium Neutral Citation: Save Our Rail NSW Inc v State of New South Wales by the Minister administering Transport for New South Wales [2014] NSWSC 1875 Hearing dates: 23 - 24 December 2014 Decision date: 24 December 2014 Jurisdiction: Common Law Before: Adams J Decision: It is declared that, by reason of the acquisition of the assets purchased in the asset sale agreement between it and Rail Corporation of New South Wales dated 19 December 2014, the Hunter Development Corporation is a rail infrastructure owner within the meaning of s 99A of the Transport Administration Act 1988 (NSW). Legislation Cited: Growth Centres (Development Corporation) Act 1974 (NSW) ss 6(2), 9(1), 30 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) s 30 Transport Administration Act 1988 (NSW), ss 3, 5, 99A, Sch 6A cl 2D Cases Cited: Agripower Barraba Pty Limited v Blomfield [2013] NSWSC 1598 Anthony v The Commonwealth (1973) 47 ALJR 83 Hawkesbury City Council v Foster and anor (1997) 97 LGERA 12 Henty House Pty Ltd (In Voluntary Liquidation) v Federal Commissioner of Taxation [1953] HCA 54; (1953) 88 CLR 141 Tauszik v Gosford City Council [2006] NSWCA 193; (2006) 146 LGERA 428 Category: Principal judgment Parties: Save Our Rail NSW Inc (Plaintiff) State of New South Wales by the Minister administering Transport for New South Wales (First Defendant) Rail Corporation New South Wales (Second Defendant) Transport for New South Wales (Third Defendant) Hunter Development Corporation (Fourth Defendant) Representation: Counsel: S Prince/B Kelly (Plaintiff) A Galasso SC/ C Norton (First Defendant) T Robertson SC (Fourth Defendant) Solicitors: Hunter Family Law Centre (Plaintiff) Clayton Utz (First Defendant) Lindsay Taylor Lawyers (Fourth Defendant) File Number(s): 2014/372752