Roads and Traffic Authority of NSW v Heawood

[2002] NSWCA 99

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutes
2. › Construction
3. › Compensation provisions
4. › Whether to be construed broadly or narrowly
5. › Principle that provisions conferring compensation rights should be construed with all the generality their words permit
6. › Roads Act 1993 (NSW), s 32(2)
1. Roads and Traffic
2. › Compensation
3. › Loss of access to property from public road
4. › Varying of road levels
5. › Whether 'loss of access' limited to total loss or includes partial loss or restriction of access
6. › Roads Act 1993 (NSW), s 32

Quick Take

'Loss of access' in s 32(2) of the Roads Act 1993 (NSW) is not limited to total loss of access but includes partial loss or restriction of access caused by varying road levels. Landowners whose practical access is diminished (but not destroyed) by road works may claim compensation under s 32(2). Both s 32(1) and s 32(2) address practical/physical access, not legal rights of access.