Sydney Metro v Expandamesh Pty Ltd [2023] NSWCA 200

Sydney Metro v Expandamesh Pty Ltd [2023] NSWCA 200

A subsidence of 1.5mm or modestly greater, being imperceptible and causing no practical effect to the land or its use, is a trivial impact and does not satisfy the requirement that the surface be 'disturbed' under cl 2(1)(a) of Sch 6B of the Transport Administration Act 1988 (NSW). Consequently, no compensation is payable for such acquisition under the Just Terms Act.

Jurisdiction
Australia
Judgment Date
29 August 2023
Procedural Posture
Appeal / Judgment on Appeal From Land and Environment Court
Outcome
Appeal allowed.
Legal Topics
['compulsory Acquisition' 'statutory Construction' 'compensation for Acquisition of Substratum' "interpretation of 'disturbance' for Compensation Purposes"]
['administrative Law' 'property Law'] ['compulsory Acquisition' 'statutory Construction' 'compensation for Acquisition of Substratum' "interpretation of 'disturbance' for Compensation Purposes"]

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Procedural Posture

Appeal / Judgment on Appeal From Land and Environment Court

Legal Issues

  1. 1 ["Whether 1.5mm or modestly greater subsidence constitutes 'disturbance' under cl 2(1)(a) of Sch 6B of the Transport Administration Act 1988 (NSW)" 'Whether primary judge erred in awarding $20,000 compensation for decrease in market value' 'Whether primary judge properly considered s 55 Just Terms Act including any offset']

Ratio Decidendi

A subsidence of 1.5mm or modestly greater, being imperceptible and causing no practical effect to the land or its use, is a trivial impact and does not satisfy the requirement that the surface be 'disturbed' under cl 2(1)(a) of Sch 6B of the Transport Administration Act 1988 (NSW). Consequently, no compensation is payable for such acquisition under the Just Terms Act.

Court Disposition

Appeal allowed.

Orders

  • ['The appeal be allowed, with no order as to costs with the intention that each party bear its own costs.' 'Orders (1), (2), (3) and (4) dated 24 November 2022 in the Land and Environment Court are set aside and replaced by an order that the respondent is entitled to no compensation under the Land Acquisition (Just...