Dial a Dump Industries Pty Ltd v Roads and Maritime Services

The appeal concerned the compulsory acquisition of land by Roads and Maritime Services. Dial a Dump Industries Pty Ltd (the appellant) claimed it held an "interest" in the acquired land, entitling it to compensation under the *Land Acquisition (Just Terms Compensation) Act 1991* (NSW). The primary judge had found that the appellant did not possess such an interest.

The central legal issues before the Court of Appeal were whether the appellant had an "interest" in the land as defined by section 4 of the Act. This involved determining whether a legal interest in land must be registered, or if it can arise from exclusive possession, drawing on the principle established in *Perry v Clissold*. The court also considered whether an equitable interest existed, specifically the nature of a beneficiary's interest in a trust, including the right to seek due administration and the right to possession. Furthermore, the court had to interpret the meaning of "right, power or privilege over, or in connection with" land within paragraph (b) of the definition of "interest" in section 4, and whether such an interest needed to be proprietary or quasi-proprietary. Finally, the court examined whether the appellant acted as an agent for other companies.

The Court of Appeal reasoned that the appellant's permission to use and occupy the land, and to carry out certain activities, did not amount to exclusive possession. The indicia of exclusive possession were not met, distinguishing mere occupation from legal possession. The court found that the appellant did not hold a legal or equitable interest in the land that would qualify for compensation under the Act. The appeal was dismissed with costs.