‘Significant ramifications’: Tasmanian roadworks saga ends up in High Court

A lengthy legal battle over the $50m interchange upgrades at Hobart Airport has ended up before the full, seven-judge bench of the highest court in the land. Latest.

The completed Hobart Airport roundabout. Picture: Chris Kidd

A lengthy legal battle over the $50 million interchange upgrades at Hobart Airport has finally ended up in the High Court.

This week, the Tasmanian state government faced off against Cambridge landowner Gregory John Casimaty before the full, seven-judge bench of the highest court in the land.

All of this – despite the fact the works have been long completed, and opened to traffic for some two years.

The stoush began four years ago when Mr Casimaty, part of a consortium with plans for a multimillion development at Cambridge, argued the upgrades – which replaced the old airport roundabout – effectively blocked his access to his Cranston Parade property.

The property contains Hobart Paintball, Cambridge Moto – a motorbike hire and track riding facility – and the Cambridge Ride Park.

Mr Casimaty, along with other landowners nearby, failed in an appeal to the Resource Management and Planning Appeals Tribunal during 2020.

Land Owner Greg Casimaty at the Airport Interchange while it was under construction in 2020. Picture: RICHARD JUPE

However, following Mr Casimaty planned to take the matter higher with an appeal to the Supreme Court of Tasmania.

In a preliminary argument, he argued that no public work should be commenced “unless it has first been referred to and reported on” by parliament’s Public Works Committee.

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

But the court ruled in favour of Mr Casimaty, with the judges finding the operation of parliamentary privilege would not prevent the courts from stopping public works that breached the relevant legislation.

The ruling meant the pathways were cleared for Mr Casimaty to continue his Supreme Court appeal.

The completed Hobart Airport roundabout. Picture: Chris Kidd

But the case, which could have implications for all public works projects approved by the Public Works Committee, was at least temporarily halted when Tasmania’s Attorney-General intervened and took the matter to the High Court.

This week, the High Court judges noted the road works were already complete and that Mr Casimaty was not currently seeking any legal relief from the government.

However, their decision could still have huge implications for Tasmania.

Solicitors-General for the Commonwealth of Australia, South Australia and the Australian Capital Territory also appeared at the hearing, given the issue of parliamentary privilege could have wider implications.

“The question of the road works being complete, it certainly does raise some questions about the utility of the proceedings,” Tasmania’s Solicitor-General Sarah Kay SC argued on Tuesday.

“However, from the Attorney’s point of view, we have live proceedings on foot in the Supreme Court, which may result in a declaration that the road works are effectively unlawful.”

At a previous hearing, Ms Kay explained the court’s decision could potentially have “broad and significant ramifications for the carrying‑out of public works in Tasmania and, in addition, may impact upon similar regimes in other jurisdictions”.

The full bench is expected to soon publish their decision.

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