Sydney Metro v Expandamesh Pty Ltd

[2023] NSWCA 200

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Conventional approaches to interpretation
3. › Meaning of 'disturbed'
4. › Text, context and purpose
5. › De minimis principle
6. › Whether 1.5mm subsidence of soil constituted surface being 'disturbed'
7. › Transport Administration Act 1988 (NSW), Sch 6B, cl 2(1)(a)
1. Compulsory Acquisition
2. › Compensation
3. › Underground rail facilities
4. › Pre-conditions to entitlement to compensation
5. › Whether surface of overlying soil disturbed
6. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55, 56, 62
7. › Transport Administration Act 1988 (NSW), Sch 6B, cl 2(1)
1. Appeal
2. › Appeal from Land and Environment Court
3. › Appeal on question of law
4. › Whether all grounds meet requirement for appeal on question of law
5. › Land and Environment Court Act 1979 (NSW), s 57

Quick Take

Imperceptible subsidence of 1.5mm or modestly greater does not constitute the surface being 'disturbed' under cl 2(1)(a) of Sch 6B when a landowner's substratum has been compulsorily acquired for underground rail facilities, and whether disturbance is non-trivial depends on the factual context including the current and potential use of the land.