Rafailidis v Roads and Maritime Services [2015] NSWCA 143

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rafailidis v Roads and Maritime Services [2015] NSWCA 143 Hearing dates: 12 May 2015 Decision date: 12 May 2015 Before: Beazley P at [1]; Basten JA at [27]; Ward JA at [32] Decision: The appeal against the judgment of Craig J delivered on 11 February 2014 is dismissed.

The application for leave to appeal against the judgment of Sheahan J delivered on 18 March 2014 is refused. Catchwords: COMPULSORY ACQUISITION – Land Acquisition (Just Terms) Act 1991 (NSW), s 66 – jurisdiction of the Land and Environment Court – no question of law Legislation Cited: Constitution Act 1902 (NSW), s 5 The Constitution, ss 51(xxxi), 106, 107, 108, 109 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 66 Land and Environment Court Act 1979 (NSW), ss 19, 24, 25, 57 Judiciary Act 1903 (NSW), s 78B Roads Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 36 Cases Cited: Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7; 205 CLR 399 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Johnson v Johnson [2000] HCA 48; 201 CLR 488 R v MSK and MAK [2004] NSWCCA 308; 61 NSWLR 204 Category: Principal judgment Parties: Koula Rafailidis (Applicant and Appellant) Roads and Maritime Services (First Respondent) Efrem Rafailidis (Second Respondent) Representation: Counsel: In person (Applicant and Appellant) N Eastman (First Respondent)