Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2017] NSWCA 73

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2017] NSWCA 73 Hearing dates: 14 September 2016 Decision date: 06 April 2017 Before: Beazley P at [1]; McColl JA at [162]; Leeming JA at [169] Decision: Appeal dismissed with costs. Catchwords: REAL PROPERTY – compulsory acquisition of land – compensation – Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 4 – whether the appellant had an "interest" in the relevant land as defined in s 4 – whether legal interest in land must be a registered interest – whether legal interest arises from exclusive possession – nature of the legal interest arising from possession – principle in Perry v Clissold – whether appellant enjoyed exclusive possession – indicia of exclusive possession – distinction between occupation and possession

REAL PROPERTY – compulsory acquisition of land – compensation – Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 4 – whether the appellant had an "interest" in the relevant land as defined in s 4 – whether equitable interest – nature of interest of beneficiary of a trust – interest as a beneficiary having right to seek due administration – interest as beneficiary having right to possession

REAL PROPERTY – compulsory acquisition of land – compensation – appellant had permission to use and occupy land and carry out certain activities on it – Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 4 – meaning of "right … power or privilege over, or in connection with" land within para (b) of the definition of "interest in land" in s 4 – whether interest must be proprietary or quasi-proprietary