Cappello v Roads and Maritime Services [2019] NSWCA 227

Cappello v Roads and Maritime Services [2019] NSWCA 227

The power to acquire land under s 177 of the Roads Act 1993 (NSW) is not limited to the objects described in s 3 but extends to the purposes evident from the Act as a whole, including land acquisition for privately owned tollways required for construction under State significant infrastructure approvals. The Act specifically contemplates the compulsory acquisition of land for tollways to be constructed and owned by RMS, rendering the acquisition notices valid and within power.

Jurisdiction
Australia
Judgment Date
16 September 2019
Procedural Posture
Appeal / Judgment After Hearing on Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['compulsory Acquisition of Property' 'construction of Statutory Purpose' 'scope of Statutory Authority' 'interpretation of Objects and Purposes Clauses']
['administrative Law' 'statutory Interpretation'] ['compulsory Acquisition of Property' 'construction of Statutory Purpose' 'scope of Statutory Authority' 'interpretation of Objects and Purposes Clauses']

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Procedural Posture

Appeal / Judgment After Hearing on Leave and Substantive Appeal

Legal Issues

  1. 1 ['Whether the compulsory acquisition of land for the WestConnex tollway was within the purposes of the Roads Act 1993 (NSW) for the purposes of s 177' "Whether the 'purposes' in s 177 are confined to the 'objects' described in s 3 of the Roads Act"]

Ratio Decidendi

The power to acquire land under s 177 of the Roads Act 1993 (NSW) is not limited to the objects described in s 3 but extends to the purposes evident from the Act as a whole, including land acquisition for privately owned tollways required for construction under State significant infrastructure approvals. The Act specifically contemplates the compulsory acquisition of land for tollways to be constructed and owned by RMS, rendering the acquisition notices valid and within power.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Leave to appeal granted.' 'Leave nunc pro tunc to file notice of appeal filed on 2 July 2019.' 'Appeal dismissed.' 'Appellant to pay the costs of the respondents.']