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

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

HDC did not become a 'rail infrastructure owner' as the assets did not vest 'by or under' the Transport Administration Act but by contract under the Growth Centres Act. The closure of the rail section between Newcastle and Wickham did not amount to closure of a railway line for the purposes of s 99A. The compulsory acquisition could constitute 'otherwise disposed of', but as the disposal was only of a small section, no closure of a railway line occurred. Thus, s 99A was not engaged.

Parties
Appellant: Hunter Development Corporation; First Respondent and Cross Appellant: Save Our Rail NSW Incorporated; Second Respondent / First Cross Appellant: The Minister administering the Transport Administration Act 1988; Third Respondent / Second Cross Appellant: Rail Corporation New South Wales; Fourth Respondent / Third Cross Appellant: Transport for New South Wales
Jurisdiction
Australia
Judgment Date
10 November 2015
Procedural Posture
Appeal and Cross Appeal / Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Acquisition of Land and Assets by Public Development Corporation, Closure of Railway Line, Powers Under Which Parties Entered Into Agreements to Transfer Land and Assets, Whether Transfer of Land by Compulsory Acquisition Amounted to Land Being Otherwise Disposed of, Meaning of 'vest' and 'by or Under'
Administrative Law Statutory Interpretation Acquisition of Land and Assets by Public Development Corporation Closure of Railway Line Powers Under Which Parties Entered Into Agreements to Transfer Land and Assets Whether Transfer of Land by Compulsory Acquisition Amounted to Land Being Otherwise Disposed of Meaning of 'vest' and 'by or Under'

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Parties

Hunter Development Corporation

Appellant

Save Our Rail NSW Incorporated

First Respondent and Cross Appellant

The Minister administering the Transport Administration Act 1988

Second Respondent / First Cross Appellant

Rail Corporation New South Wales

Third Respondent / Second Cross Appellant

Transport for New South Wales

Fourth Respondent / Third Cross Appellant

Procedural Posture

Appeal and Cross Appeal / Court of Appeal

Legal Issues

  1. 1 Whether HDC's acquisition of assets made it a 'rail infrastructure owner' under s 99A of the Transport Administration Act 1988
  2. 2 Whether the transfer and acquisition of land and removal of rail infrastructure constituted a closure of a railway line requiring statutory authorisation under s 99A
  3. 3 Whether the compulsory acquisition constituted a 'disposal' under s 99A(2)

Ratio Decidendi

HDC did not become a 'rail infrastructure owner' as the assets did not vest 'by or under' the Transport Administration Act but by contract under the Growth Centres Act. The closure of the rail section between Newcastle and Wickham did not amount to closure of a railway line for the purposes of s 99A. The compulsory acquisition could constitute 'otherwise disposed of', but as the disposal was only of a small section, no closure of a railway line occurred. Thus, s 99A was not engaged.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Appeal allowed
  • Set aside the declaration of Adams J made on 24 December 2014