Event and Time
Event Description
The case involves the plaintiffs, a group of individuals whose subterranean land was compulsorily acquired by Transport for NSW (formerly Roads and Maritime Services) for the construction of the WestConnex M4-M5 Link Project. They filed representative proceedings against TfNSW which brought forward the issue of security for costs as the plaintiffs’ litigation was supported by an unknown litigation funder. The proceedings raise questions pertaining to the authorization of the land acquisition and compensation provisions under New South Wales legislation.
Application and Claims
The plaintiffs claim that the acquisition of their land was not authorized under Section 177(1) of the Roads Act 1993 (NSW) and that TfNSW may have violated Section 179 of the same Act regarding the lease of land. Additionally, they allege that Section 62(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) applies, implying that they are entitled to compensation for a reversionary interest they claim was not duly acquired.
Judicial Decisions
The court ordered that: 1. The plaintiffs must provide security for TfNSW’s costs amounting to $415,000, either through an agreement or payment into court. 2. If the security is not provided within 28 days, the proceedings will be stayed. 3. The plaintiffs are responsible for the costs pertaining to the first defendant's notice of motion regarding the security. 4. A subsequent hearing for directions is scheduled for May 6, 2022.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs:
- Assert the land acquisition was unauthorized under Section 177(1) of the Roads Act because it was for a privately operated tollway. - Contend that TfNSW's actions contravene Section 179 regarding leasing land post-acquisition. - Claim entitlement to compensation under Section 62(2) of the Land Acquisition (Just Terms Compensation) Act for a reversionary interest.
- TfNSW (First Defendant):