Government agency Hunter Development Corporation appealed a Supreme Court ruling by Justice Michael Adams in December that an Act of Parliament was needed to make the rail cut legal.

HDC and Save Our Rail representatives argued their cases before the Court of Appeal on Wednesday.

Save Our Rail Maitland branch president Kim Cross said the government’s side argued that the rail line had not closed because the infrastructure had not been torn up and the land had not been sold or handed to another entity.

“We’re still hopeful that the judges are open minded,” she said.

The hearing will finish today [Thursday] but a final ruling may not be finalised for several weeks.

Greens Hunter spokesman David Shoebridge said the decision would set an important precedent for rail corridors across the state.

The Greens believe that if the government wins its appeal and is allowed to remove the train line it could lead to the wholesale privatisation of heavy rail lines across NSW.

“The Hunter needs a quick restoration of the rail line into the heart of Newcastle, every day the line remains cut businesses and communities are suffering,” Mr Shoebridge said.

Maitland MP Jenny Aitchison said she would continue to advocate against the rail cut.

“In case the government moves to change the law, I have started the process of lobbying upper house MLCs to vote for the wishes of our community and all affected Hunter communities to retain the line,” she said.

Transport and Infrastructure Minister Andrew Constance told the Mercury earlier this week that the government wanted people to “get on board” with its plan.

The Supreme Court ruling in December came two days before government contractors were due to begin work to remove the train line between Wickham and Newcastle stations.

But it didn’t stop contractors from replacing trains with buses from Hamilton station and covering parts of the track with grass and road base.