High Court dismisses application for special leave – Olde English Tiles Australia v TfNSW

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High Court dismisses application for special leave – Olde English Tiles Australia v TfNSW

By Gabriella Hijazi and Alyce Kliese

Last year we discussed the case of Olde English Tiles Australia v Transport for NSW [2022] NSWCA 108 whereby the Court of Appeal held that:

  1. only a proprietary interest is compensable under the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act). Personal interests, such as licences or permission to occupy land which can be terminated at will, are not compensable.
  2. if a business has no market value interest, then there is no foundation upon which the business can claim compensation for disturbance pursuant to section 59 of the Just Terms Act.

Following this decision, the Olde English Tiles Australia applied to the High Court seeking leave to appeal the Court of Appeal’s decision.

On 17 February 2023 the High Court dismissed the Olde English Tiles’ special leave application seeking to appeal the Court of Appeal’s decision.

What does this mean?

In dismissing Olde English Tiles’ application to the High Court, Applicants should rely on the Court of Appeal’s decision which now reflects the position that is to be applied by the lower Courts when considering matters that seek compensation for personal interests and/or with respect to claims for disturbance pursuant to section 59 of the Just Terms Act.