Clifffall Pty Ltd v Wollongong City Council

[2026] NSWSC 84

Supreme Court of NSW

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Interrogate

Catchwords

1. Real Property
2. › Right of access
3. › Access to public road by owners of adjoining land
4. › Construction of s 6 of the Roads Act 1993 (NSW)
5. › Whether statutory and common law rights of access are unqualified or subject to restrictions imposed by or under the Roads Act or other law
6. › Roads Act 1993 (NSW), ss 5, 6, 7, 62, 138
1. Torts
2. › Private nuisance
3. › Interference with access to public road
4. › Whether construction of footpath on road reserve constituted substantial and unreasonable interference with plaintiff's enjoyment of land
5. › Undeveloped land used for occasional picnics
6. › Whether historic vehicular access established
1. Remedies
2. › Declarations
3. › Mandamus
4. › Mandatory injunction
5. › Whether declaration had utility
6. › Whether mandamus available where no public duty identified
7. › Whether mandatory injunction appropriately formulated
8. › Roads Act 1993 (NSW), s 6

Quick Take

The right of access under s 6(1) of the Roads Act 1993 (NSW) is not absolute; both the statutory and common law rights of access are subject to restrictions imposed by or under the Roads Act or any other Act or law, including requirements for development consent and concurrence under s 138 for works on classified roads.