RD Miller Pty Ltd v Roads and Maritime Services NSW

• 1. Roads and Transport
  2. › Controlled access roads
  3. › Compensation for loss of access
  4. › Entitlement to compensation
  5. › Whether road 'becomes' controlled access road by single event of Minister's order or by 'course of conduct'
  6. › Meaning of 'becoming' in s 68(1)
  7. › Roads Act 1993 (NSW), ss 49, 67, 68, 69, 70
• 1. Roads and Transport
  2. › Controlled access roads
  3. › Compensation for loss of access
  4. › Assessment of compensation
  5. › Market value of land immediately before and after restriction of access
  6. › Whether Pointe Gourde principle applies to assessment under s 69
  7. › Roads Act 1993 (NSW), s 69
• 1. Compulsory Acquisition
  2. › Pointe Gourde principle
  3. › Scope and application
  4. › Whether principle applies outside compulsory acquisition of property
  5. › Whether principle applies to compensation for loss of access to controlled access road
  6. › Relationship to 'value to the owner' principle
• 1. Appeal
  2. › Interlocutory decisions
  3. › Leave to appeal
  4. › Strike out of pleadings and refusal of leave to amend
  5. › Whether important questions of statutory interpretation raised

Quick Take