Barkat & Anor v Roads and Maritime Services

[2020] HCASL 7

BARKAT & ANOR

v
ROADS AND MARITIME SERVICES

[2020] HCASL 7
S319/2019

1. The applicants seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales (Leeming JA, Emmett and Simpson AJJA) dismissing an appeal from a judgment of the Land and Environment Court (Molesworth AJ) rejecting the applicants' Class 3 Application objecting pursuant to s 66 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) to the amount of compensation offered by Roads and Maritime Services for the compulsory acquisition for the purpose of the WestConnex M4 East Project of land collectively known at the time as 90‑92 Underwood Road, Homebush, New South Wales. Pursuant to cl 218 of Sch 7 to the Transport Administration Act 1988 (NSW), the liabilities of Roads and Maritime Services have been transferred to, and acts done by Roads and Maritime Services are taken to have been done by, Transport for NSW.

2. The applicants identify no question of principle that it would be in the interests of justice for this Court to consider and advance no arguable basis to doubt the findings of fact of the primary judge and the Court of Appeal which the applicants seek to impugn.  An appeal to this Court would not enjoy sufficient prospects of success to warrant the grant of special leave.

3. Pursuant to r 21.07.01 of the High Court Rules 2004 (Cth), we order that Transport for NSW be made a party in substitution for Roads and Maritime Services and that the proceeding be carried on as so constituted. Pursuant to r 41.08.1 of the High Court Rules, we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle	M.M Gordon
5 February 2020