Cappello v Roads [2019] NSWCA 227
This appeal, from a case discussed in Episode 48, was dismissed unanimously. The main point (at [39]) is that the purposes of a statute are not limited only to what an objects clause may state. Payne JA said that purposes are ‘not to be conflated with the objects of the Act’6, and are to be determined by reference to the provisions of the Act ‘read as a whole’7.
Cappello opposed compulsory acquisition of his land by RMS8 for construction of a tunnel on the basis it could only acquire land to carry out work on an existing public road – this was rejected. iTip – objects clauses are aids to construction, but their function and influence must be kept in perspective9.
This case is from Episode 54 of interpretation NOW!
Footnotes:
6 Roach (2001) 47 McGill LJ 129, Winckel (1999) 23 MULR 184 cited.
7 Pearce & Geddes (at [4.51]) quoted.
8 s 177 of the Roads Act 1993 (NSW).