The Supreme Court has today ruled that the rail line into Newcastle will stay for the time being.
The NSW government attempted to transfer the rail assets around the line to the Hunter Development Corporation (HDC) in the hope that it would be able dodge the Transport Administration Act.
The HDC was legally allowed to acquire the rail assets, however a the judge deemed today that this then makes them a rail infrastructure owner and therefore not able to cut the line without an Act of Parliament.
RailCorp did gain permission to remove 700 metres of wiring around Wickham station due to safety reasons, but it is still unclear whether it will begin work on Boxing Day
RailCorp has indicated it will appeal the decision. If it’s unsuccessful, it will have to restore any wiring taken down.
The Save Our Rail group has also won legal costs.
