Hunter Development Corporation v Save Our Rail NSW Incorporated [2015] NSWCA 346

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hunter Development Corporation v Save Our Rail NSW Incorporated [2015] NSWCA 346 Hearing dates: 15-16 July 2015 Decision date: 10 November 2015 Before: Beazley ACJ at [1]; Macfarlan JA at [124]; Meagher JA at [126] Decision: (1) Appeal allowed; (2) Set aside the declaration of Adams J made on 24 December 2014; (3) First respondent's summons dated 19 December 2014 dismissed; (4) Cross-appeal dismissed; (5) First respondent to pay the appellant's costs in the court below and its costs of the appeal and the cross-appeal; (6) First respondent to pay the second, third and fourth respondents' costs in the court below and their costs of the appeal and the cross-appeal. Catchwords: ADMINISTRATIVE LAW – acquisition of land and assets by public development corporation for the purpose of redevelopment – whether acquisition required Act of Parliament pursuant to Transport Administration Act 1988, s 99A

ADMINISTRATIVE LAW – whether transfer of land or proposed removal of assets amounted to closure of a railway line

ADMINISTRATIVE LAW – powers under which parties entered into agreements to transfer land and assets – whether under Transport Administration Act 1988 – whether under Growth Centres (Development Corporations) Act 1974

STATUTORY INTERPRETATION – whether assets "vested by or under" the Transport Administration Act 1988

STATUTORY INTERPRETATION – whether transfer of land by compulsory acquisition amounted to land being "otherwise disposed of" within the meaning of the Transport Administration Act 1988