Event and Time
Event Description
The case centers around RD Miller Pty Ltd (the applicant), which sought compensation for the loss of access to a controlled access road. This claim arose after the Roads and Maritime Services (RMS) constructed the Bega Bypass that altered access to the former Princes Highway, now called Newtown Road. The applicant's land, originally adjacent to the Princes Highway, had three access points which were rendered inaccessible due to construction works and subsequent legal declarations.
Application and Claims
- Claims by RD Miller Pty Ltd:
- Claimed compensation amounting to $1,775,000 for loss of access which they alleged reduced the land's market value significantly due to physical construction restrictions imposed between December 2013 and the 2017 legal declaration. - Argued that the restricted access and subsequent changes contributed to a substantial decline in market value from $2,230,000 to $545,000.
- Defensive Summary by RMS:
- Asserted that the applicant was not entitled to compensation as no practical means of access was denied other than that ultimately permitted by the controlled access road declaration in December 2017. - Argued that the right of access was only legally restricted after formal declaration, without any change in market value occurring due to preceding construction activities.
Judicial Decisions
The court granted leave to appeal but upheld the previous judgments by Robson J and Duggan J, which struck out parts of the applicant’s claims that claimed compensation prematurely without proper statutory foundation based on the Roads Act.
Dispute Points and Legal Basis
Dispute Points
- Miller's Arguments:
- Claimed that the road underwent a "course of conduct" and that access was denied due to works leading up to and after the Bega Bypass construction. - Placed emphasis on a statute's phrasing, asserting that it encompassed more than just the legal declaration of controlled access.