Re: AS to DAR, Letters & Legalities.

[mauried@tpg.com.au (Maurie Daly)]

On Tue, 13 Feb 2001 03:38:46 GMT, dbromage@fang.omni.com.au (David
Bromage) wrote:

>Tell (telljb@ozemail.com.au) wrote:
>> A letter to the Editor in todays Centralian Advocate
>> from a well known local scribe to the paper has stated
>> that a "legal challenge" to the proposed railway was
>> commenced in 1997.
>> No details were given, but the "challenge" progressed
>> through the Magistrates Court and the NT Supreme Court
>> and an appeal was listed for the Federal Court in
>> Darwin during 1998.
>
>Is there any more detail? All NT case law since 1986 is available at
>www.austlii.edu.au
>
>Cheers
>David

Id be really interested to know what the legal grounds are for an
appeal.
The agreement between the feds and the State of SA requires that the
Federal Govt build a Railway from Adelaide to Darwin.
Ive often wondered about the situation where a railway is built ,but
not wholly by the Feds as to whether the agreement has been honoured.
Or even more unlikely, if a wholly privately owned railway was built
from AP to Darwin, are the feds still required to build one as well.
The other scenerio is that the Feds argue that they are only required
to cause a railway to be built , (ie they dont have to actually build
it), then what happens if the line goes broke before or after its
completed.??
Remebering that the AP to darwin project isnt in any way Govt
guaranteed like the Sydney Airport line was.


MD