Recent Cases

Sydney Metro v Expandamesh Pty Ltd [2023] NSWCA 200 (29 August 2023) (Leeming JA and Griffiths AJA at [1]; Simpson AJA at [91])


APPEALS – Appeal from Land and Environment Court – Requirement for appeal to be from an order or decision on a question of law – Whether all grounds meet this requirement

STATUTORY INTERPRETATION – Conventional approaches to interpretation – Meaning of “the surface of the overlying soil is disturbed” – Text, context and purpose central to interpretation – Where de minimis principle apt – Extrinsic materials reveal protective purpose in favour of State

COMPULSORY ACQUISITION – Compensation – three pre-conditions established by Sch 6B of Transport Administration Act 1988 (NSW) – Where pre-conditions exist in legislation dating back to 1880 – Whether 1.5mm or modestly greater subsidence of soil following tunnelling works by State entitle registered proprietor to compensation under Land Acquisition (Just Terms Compensation) Act 1991 (NSW)