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Public works and private duties – the roles of the judiciary and the legislature in Attorney-General (Tas) v Casimaty [2024] HCA 31

Patrick Hossack

On the outskirts of Hobart Airport, where Holyman Avenue and Cranston Road meet the Tasman Highway, construction is set to begin on a new interchange. A Parliamentary Committee has considered and reported on the plans, clearing the way for work to begin. An aggrieved resident, claiming an interest in land adjacent to Cranston Parade, alleges that the works to be undertaken are not in fact the works that were considered by the Committee—the costs don’t add up, the roundabouts are absent, the works are in fact unlawful. This resident takes action against the contractors to prevent them proceeding. The State intervenes, seeking in turn to prevent the Court interrogating the contents of the Committee report to ascertain if the works contained within it are those same works currently taking place on the outskirts of Hobart Airport. The Committee has reported, and there can be no assessment of the contents of that report to contrast with the actual bitumen being laid under its auspices—even if the roundabouts are missing.

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