Hunt Leather Pty Ltd v Transport for NSWHunt Leather Pty Ltd v Transport for NSWCitation:[2025] HCA 53Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:17 Dec 2025Case Number:S20/2025, S21/2025Read more
The Court held that the respondent's construction activities constituted a private nuisance as they caused substantial and unreasonable interference with the appellants' enjoyment of land, the works were not 'conveniently done', and the respondent could not rely on the defence of statutory authority. Reasonable...
Source-derived case information.
- Parties
- Appellant: Hunt Leather Pty Ltd; Respondent: Transport for NSW
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2025
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal allowed
- Legal Topics
- Private Nuisance, Statutory Authority, Damages Assessment, Litigation Funding Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hunt Leather Pty Ltd
Appellant
Transport for NSW
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the respondent's construction of the Sydney Light Rail constituted a private nuisance
- 2 Whether the respondent's use of land was common and ordinary
- 3 Whether the construction work was 'conveniently done'
Ratio Decidendi
The Court held that the respondent's construction activities constituted a private nuisance as they caused substantial and unreasonable interference with the appellants' enjoyment of land, the works were not 'conveniently done', and the respondent could not rely on the defence of statutory authority. Reasonable litigation funding costs were recoverable as damages.
Court Disposition
appeal allowed
Orders
- Judgment for the appellants
- Damages awarded including reasonable litigation funding costs
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 17 December 2025 Case number S20/2025 S21/2025 Before Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJ Catchwords 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. Files Hunt Leather Pty Ltd v Transport for NSW (S20 & S21-2025) [2025] HCA 53.docx (237.12 KB) Hunt Leather Pty Ltd v Transport for NSW (S20 & S21-2025) [2025] HCA 53.pdf (709.27 KB)