G Capital Corporation Pty Ltd & Ors v Roads and Maritime Services

[2020] HCASL 14

G CAPITAL CORPORATION PTY LTD & ORS

v

ROADS AND MARITIME SERVICES

[2020] HCASL 14
S307/2019

1. This application for special leave to appeal is not a suitable vehicle to consider the correctness of the decision of the Court of Appeal of the Supreme Court of New South Wales (Meagher JA; Gleeson and McCallum JJA agreeing) which answered the first preliminary question adversely to the applicants. Consideration by this Court of that question, prior to any determination of related factual issues and the quantum of compensation to be paid to the applicants, would be premature. The application should be dismissed.

2. 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.

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 with costs.

M.M Gordon	J.J Edelman
5 February 2020