NSW Government Bulletin - 18 November 2015

Hunter Development Corporation v Save Our Rail NSW Incorporated

On 10 November 2015, the NSW Court of Appeal handed down the decision of Hunter Development Corporation v Save Our Rail NSW Incorporated [2015] NSWCA 346.

The case concerned the Hunter Development Corporation (HDC), which had entered into agreements for the acquisition of land and assets from RailCorp, including an Asset Sale Agreement. As a result of the agreements, the train line on the land subject to the agreements was to terminate two stations earlier, so that the land could be used for other purposes. Save Our Rail, an incorporated community organisation initially commenced proceedings in the Supreme Court seeking an order restraining RailCorp, Transport for NSW and HDC from disposing of the land. Save Our Rail relied on section 99A of the Transport Administration Act 1988 (the Act), which stated that a "rail infrastructure owner" must not close a railway line unless authorised by an Act of