NSW Government Bulletin: Part 1 - Private and public nuisance in infrastructure development

In a class action relating to the development of the Sydney Light Rail (SLR) network, the NSW Supreme Court found there had been "significant and unreasonable" interference with local small businesses, resulting in economic loss.

While the Court acknowledges the development will invariably result in some impact on business within the area, it found that the impact had become significant and unreasonable due to foreseeable, and therefore avoidable, delays in the completion of work.

Although the successful plaintiffs were particularly susceptible to the effects of the construction activities, with expectations that there could be up to 3,500 further class members, the Court warned that the proceedings would not make for a "particularly apt vehicle" for the class action given the nuances of the facts.