Tort – Private nuisance – Where respondent planned and procured construction of Sydney Light Rail – Where appellants claimed to have suffered loss or damage by reason of substantial interference with ordinary enjoyment of land – Whether purpose of respondent's use of land common and ordinary – Whether construction work "conveniently done" – Whether respondent's liability based on exercise of special statutory power within meaning of s 43A of Civil Liability Act 2002 (NSW) – Whether respondent could rely on defence of statutory authority.
Damages – Assessment – Tort – Whether damages should include reasonable costs incurred in obtaining litigation funding.
Words and phrases – "balance", "based on", "common and ordinary", "construction work", "construction works", "conveniently done", "damages", "defence of statutory authority", "defences", "funding commission", "give and take", "injury to land", "litigation funding costs", "not convenient", "not ordinary", "nuisance", "onus", "ordinary enjoyment of land", "private nuisance", "proper consideration", "public authority", "reasonable", "reasonable expectations of the locality", "reasonableness", "right to land", "social utility", "special statutory power", "statutory authority", "substantial interference", "undue interference", "unlawful interference", "unreasonable", "use of land", "wrongful interference".
Civil Liability Act 2002 (NSW), ss 40, 41, 43, 43A.
Roads Act 1993 (NSW), s 7, Pts 2-4, 7-10.
Transport Administration Act 1988 (NSW), ss 3C, 3E, 104N, 104P, Sch 1, cll 3, 9.
Transport Administration Amendment (RMS Dissolution) Act 2019 (NSW), Sch 1.
Transport Administration (General) Amendment (Light Rail) Regulation 2015 (NSW), Sch 1.
Transport Administration (General) Regulation 2013 (NSW), cl 82A.
