Batistatos v Roads & Traffic Authority of NSW & Anor

The High Court of Australia heard an appeal from the Supreme Court of New South Wales in a dispute between the appellant, Mr. Batistatos, and the respondents, the Roads & Traffic Authority of NSW and the Minister for Transport. The core of the dispute concerned the appellant's claim for damages arising from the construction of a road, which he alleged caused a significant and permanent reduction in the value of his land due to the loss of access and increased noise and pollution. The appellant contended that the construction constituted a compulsory acquisition of an interest in his land, for which compensation was payable under the *Just Terms Compensation Act 1991* (NSW).

The High Court was required to determine whether the actions of the Roads & Traffic Authority in constructing the road amounted to a compulsory acquisition of an interest in the appellant's land, thereby triggering the compensation provisions of the *Just Terms Compensation Act 1991*. Specifically, the Court had to consider the nature of the interest, if any, that was acquired, and whether the interference with the appellant's proprietary rights was of a character that constituted an acquisition for the purposes of the Act.

The Court reasoned that for there to be a compulsory acquisition of an interest in land, the Crown or an authority acting on its behalf must acquire or resume a proprietary interest in the land itself, or a right over the land. Mere interference with proprietary rights, such as the loss of access or increased nuisance from noise and pollution, does not, in itself, constitute an acquisition of an interest in land. The Court affirmed that the *Just Terms Compensation Act 1991* is concerned with the acquisition of proprietary interests, not with compensation for consequential damage or loss of amenity resulting from works undertaken on other land.

The appeal was dismissed.