Cappello v Roads and Maritime Services & Anor. [2019] NSWSC 439

Supreme Court New South Wales

Medium Neutral Citation: Cappello v Roads and Maritime Services & Anor. [2019] NSWSC 439 Hearing dates: 15 April 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Common Law Before: Campbell J Decision: (1) Refuse relief sought in the Amended Summons filed on 25 March 2019; (2) Dismiss the proceedings; (3) Order the plaintiffs to pay the first defendant's costs; (4) No order as to the Registrar-Generals costs. Catchwords: ADMINISTRATIVE LAW – legal effect of proposed acquisition notice – statutory authority of Roads and Maritime Service to acquire land under s 177 of Roads Act – source of RMS's legal authority to acquire land.

STATUTORY INTERPRETATION – Roads Act 1993 – meaning of s 177 – construed to favour private property rights – statutory power only enlivened after identification of objective purpose of Act – purpose of the Act are to be found in all the provisions of the statute – s 64 marker of a statutory purpose of Roads Act – carry out functions of road authority with respect to proposed tollway – s 71 – road works widely defined – carry out roadwork – s 63 ministerial directions – all functions of road authority, to the fullest extent possible to become responsibility of RMS – proposed acquisition notice authorised by law. Legislation Cited: Conciliation and Arbitration Act 1904 (Cth), s 140 Environment and Planning Assessment Act 1979 (NSW), s 5 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 11, 13, 14, 20 Roads Act 1993 (NSW), ss 7, 52, 54, 63, 64, 71, 177, 178, 213 Cases Cited: Darkingung Pty Ltd v Darkingung Local Aboriginal Land Council [2006] NSW SC 1008; (2006) 203 FLR 394 James v Cowen (1929 – 1930) 43 CLR 386 Municipal Officers Association of Australia v Lancaster (1981) 54 FLR 129 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Wilkinson v Hull Railway and Dock Co (1882) 20 Ch.D. 323 Zang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Category: Principal judgment Parties: Rosario Cappello (Plaintiff) Roads and Maritime Services (Defendant) Representation: Counsel: B.A. Coles QC with G. Farland and M. Keene (Plaintiff) N.J. Owens SC with L. Waterson and L. Johnston (Defendant)