Rafailidis v Roads and Maritime Services

Court of Appeal
Supreme Court

New South Wales

Case Name:	Rafailidis v Roads and Maritime Services
Medium Neutral Citation:	[2015] NSWCA 143
Hearing Date(s):	12 May 2015
Decision Date:	12 May 2015
Before:	Beazley P at [1]; Basten JA at [27]; Ward JA at [32]
Decision:	The appeal against the judgment of Craig J delivered on 11 February 2014 is dismissed. The application for leave to appeal against the judgment of Sheahan J delivered on 18 March 2014 is refused.
Catchwords:	COMPULSORY ACQUISITION – Land Acquisition (Just Terms) Act 1991 (NSW), s 66 – jurisdiction of the Land and Environment Court – no question of law
Legislation Cited:	Constitution Act 1902 (NSW), s 5 The Constitution, ss 51(xxxi), 106, 107, 108, 109 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 66 Land and Environment Court Act 1979 (NSW), ss 19, 24, 25, 57 Judiciary Act 1903 (NSW), s 78B Roads Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 36
Cases Cited:	Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7; 205 CLR 399 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Johnson v Johnson [2000] HCA 48; 201 CLR 488 R v MSK and MAK [2004] NSWCCA 308; 61 NSWLR 204
Category:	Principal judgment
Parties:	Koula Rafailidis (Applicant and Appellant) Roads and Maritime Services (First Respondent) Efrem Rafailidis (Second Respondent)
Representation:	Counsel: In person (Applicant and Appellant) N Eastman (First Respondent) Solicitors: In person (Applicant and Appellant) Clayton Utz (First Respondent)
File Number(s):	2014/102141
Decision under appeal:
Court or Tribunal:	Land and Environment Court
Jurisdiction:	Class 3
Citation:	Rafailidis v Roads and Maritime Services (No 2) [2014] NSWLEC 9; Rafailidis v Roads and Maritime Services (No 3) [2014] NSWLEC 21
Date of Decision:	11 February 2014; 18 March 2014
Before:	Craig J; Sheahan J
File Number(s):	2013/30195

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

JUDGMENT

1. BEAZLEY P: The appellant, Mrs Koula Rafailidis, challenges two decisions of the Land and Environment Court relating to the compulsory acquisition of land pursuant to the Roads Act 1993 (NSW) and the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

2. Mr Ephram Rafailidis, the joint owner of the land with Mrs Rafailidis, was joined as a second respondent to these proceedings by an order of the Registrar on the basis that these proceedings may affect his interests.

3. The documents that had been filed in Court were served upon Mr Rafailidis by Ken David Gray, as deposed to in his affidavit sworn 12 December 2014 which was filed in Court today. In addition, Mr Rafailidis was forwarded a…