Cappello v Roads and Maritime Services [2019] NSWCA 227

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cappello v Roads and Maritime Services [2019] NSWCA 227 Hearing dates: 20 August 2019 Date of orders: 20 August 2019 Decision date: 16 September 2019 Before: Payne JA at [1]; Brereton JA at [60]; Emmett AJA at [61] Decision: (1) Leave to appeal granted. (2) Grant leave nunc pro tunc to file notice of appeal which was filed on 2 July 2019. (3) Appeal dismissed. (4) Appellant to pay the costs of the respondents. Catchwords: ADMINISTRATIVE LAW – compulsory acquisition of property for the purpose of the construction of a tollway – validity of proposed acquisition notices issued – statutory authority of RMS to acquire land under s 177 of the Roads Act 1993 (NSW)

STATUTORY INTERPRETATION – Roads Act 1993 (NSW), s 177 – meaning of "the purposes of this Act" – whether "the purposes of this Act" are confined to the objects described in s 3 of the Act Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), Div 5.2, s 5.19 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (NSW), cl 13 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 11, 19 Road Transport Act 2013 (NSW), s 4 Roads Act 1993 (NSW), ss 3, 7, 52, 63, 64, 71, 177, 178 Cases Cited: ASIC v DB Management Pty Ltd (2000) 199 CLR 321; [2000] HCA 7 James v Cowan (1929-1930) 43 CLR 386; [1930] HCA 48 Lee v New South Wales Crime Commission (2013) 251 CLR 196; [2013] HCA 39 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 Taylor v The Owners – Strata Plan No 11564 (2014) 253 CLR 531; [2014] HCA 9 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (8th ed, 2014, LexisNexis) K Roach, "The Uses and Audiences of Preambles in Legislation" (2001) 47 McGill LJ 129 A Winckel, "The Contextual Role of a Preamble in Statutory Interpretation" (1999) 23 MULR 184 Category: Principal judgment Parties: Rosario Cappello (First Appellant) Maria Cappello (Second Appellant) Roads and Maritime Services (First Respondent) Registrar General of New South Wales (Second Respondent) Representation: Counsel: A Cheshire SC (Appellants) N Owens SC / L Waterson / L Johnston (First Respondent)