Cappello v Roads and Maritime Services

(2019) 100 NSWLR 259; [2019] NSWCA 227

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Compulsory acquisition of land
3. › Validity of proposed acquisition notices
4. › Statutory authority to acquire land
5. › Whether acquisition for construction of tollway within purposes of Roads Act 1993 (NSW)
6. › Roads Act 1993 (NSW), ss 3, 52, 63, 64, 71, 177
7. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 11, 19
1. Statutory Interpretation
2. › Objects clauses
3. › Relationship between objects clause and operative provisions
4. › Whether 'purposes of this Act' confined to 'objects' in objects clause
5. › Construction of statute read as a whole
6. › Roads Act 1993 (NSW), ss 3, 177

Quick Take

The 'purposes of this Act' in s 177 of the Roads Act 1993 (NSW) is not confined to the objects in s 3 but extends to purposes identified in the operative provisions of the Act read as a whole, including the construction of tollways on land to be acquired by RMS.