Cappello v Roads and Maritime Services

In *Cappello v Roads and Maritime Services*, the Supreme Court of New South Wales Court of Appeal considered the validity of compulsory acquisition notices issued by Roads and Maritime Services (RMS) for land intended for the construction of a tollway. The appellant, Mr. Cappello, challenged the RMS's authority to acquire his property.

The central legal issue before the Court was the interpretation of section 177 of the *Roads Act 1993* (NSW), which empowers the RMS to acquire land for "the purposes of this Act." Specifically, the Court had to determine whether this phrase was confined to the objects explicitly listed in section 3 of the Act, or if it encompassed a broader range of activities undertaken by the RMS in fulfilling its statutory functions, such as the construction of tollways.

The Court reasoned that the phrase "the purposes of this Act" in section 177 should be interpreted broadly to include all functions and activities that the RMS is authorised to undertake under the *Roads Act*. This interpretation was based on the principle that statutory powers should be construed in a manner that gives effect to the overall legislative scheme. The Court found that the construction of tollways was a legitimate purpose falling within the scope of the Act, and therefore, the RMS had the statutory authority to compulsorily acquire the appellant's land for this purpose.

Consequently, the Court of Appeal granted leave to appeal and leave to file the notice of appeal retrospectively, but ultimately dismissed the appeal. The appellant was ordered to pay the costs of the respondents.