RD Miller Pty Ltd v Roads and Maritime Services NSW [2020] NSWCA 241

RD Miller Pty Ltd v Roads and Maritime Services NSW [2020] NSWCA 241

Compensation for loss of access under s 69 of the Roads Act 1993 (NSW) must be assessed by reference to the legal restriction imposed when a Ministerial order declares a road to be a controlled access road and restricts access, not by reference to earlier physical works or steps. The Pointe Gourde principle and similar common law concepts are not incorporated into the Roads Act. The amount is fixed as the difference between market value immediately before and after the legal restriction. Prior decreases in land value by works are not disregarded unless the statute so prescribes.

Parties
Appellant: RD Miller Pty Ltd; Respondent: Roads and Maritime Services NSW
Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Appeal / Interlocutory
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Compensation for Loss of Access, Interpretation of Roads Act 1993 (nsw), Pointe Gourde Principle, Controlled Access Road Declarations, Assessment of Market Value
Administrative Law Compensation Law Statutory Interpretation Compensation for Loss of Access Interpretation of Roads Act 1993 (nsw) Pointe Gourde Principle Controlled Access Road Declarations Assessment of Market Value

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Parties

RD Miller Pty Ltd

Appellant

Roads and Maritime Services NSW

Respondent

Procedural Posture

Appeal / Interlocutory

Legal Issues

  1. 1 Whether compensation under s 69 of the Roads Act 1993 (NSW) is to be assessed by disregarding decreases in land value caused by works prior to declaration.
  2. 2 Whether the phrase "as a result of the road becoming" a controlled access road in s 68(1) refers to a process or only the Minister's declaration.
  3. 3 Whether common law concepts such as the Pointe Gourde principle apply to compensation assessment under Div 4 of Pt 5 of the Roads Act.

Ratio Decidendi

Compensation for loss of access under s 69 of the Roads Act 1993 (NSW) must be assessed by reference to the legal restriction imposed when a Ministerial order declares a road to be a controlled access road and restricts access, not by reference to earlier physical works or steps. The Pointe Gourde principle and similar common law concepts are not incorporated into the Roads Act. The amount is fixed as the difference between market value immediately before and after the legal restriction. Prior decreases in land value by works are not disregarded unless the statute so prescribes.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted against decisions and orders of Robson J and Duggan J.
  • Appeal against said decisions and orders dismissed.