Landowner’s case against $46m Airport Interchange project could go to Tasmania’s High Court

The state government has lost its bid to block a court case against a major airport road project — despite it already being completed and open to traffic.

Land Owner Greg Casimaty. Picture: Richard Jupe

The state government has lost its bid to block a court case against a major airport road project — despite it already being completed and open to traffic.

A lawsuit against the construction of the Airport Interchange has implications for all public works projects approved by Parliament’s Public Works Committee — and could be headed for the High Court.

The Supreme Court of Tasmania on Thursday handed down its decision in a long-running case brought by a landowner challenging the construction of the $46m road project, which replaced the old airport roundabout.

Greg Casimaty waged a high-profile campaign to persuade the government to improve access to his land along the lines of the design approved by Parliament’s Public Works Committee.

Tenders were announced in November 2019 and the interchange was completed late last year

Mr Casimaty has an interest in 160ha of land near the road he plans to develop and says what was eventually built was significantly different to what the committee approved.

He took Supreme Court action against construction company Hazell Brothers and the state government arguing that no public work should be commenced “unless it has first been referred to and reported on by the committee”.

The government claimed Mr Casimaty’s case was vexatious as it infringed on parliamentary privilege and sought a ruling to stop his civil action from proceeding.

After decisions in favour of the government in October 2021 and February 2022, Mr Casimaty brought an appeal before the Full Court in May last year.

The court handed down its ruling on Thursday.

In his decision, which was agreed by Justice Robert Pearce, Justice Michael Brett said he was satisfied that the operation of parliamentary privilege “will not prevent the courts from restraining the commencement of public works in breach of the legislation”.

Justice Gregory Geason dissented from the ruling.

Mr Casimaty is now cleared to continue legal action in the Supreme Court unless the state government challenges Thursday’s decision in the High Court.

An attempt by Mr Casimaty to challenge the construction in the Resource Management and Planning Appeals Tribunal was dismissed in November 2020.

A spokesperson for Attorney-General Elise Archer said that the government would need to carefully consider the detail of the decision and receive advice before making any comment.

Originally published as Landowner’s case against $46m Airport Interchange project could go to Tasmania’s High Court