Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196 Hearing dates: 28 and 29 June, 3 July 2018 Date of orders: 06 September 2018 Decision date: 06 September 2018 Before: Bathurst CJ, Ward JA, Payne JA Decision: (1) Appeal allowed. (2) Set aside orders 1-4 (inclusive) made by the primary judge on 22 May 2018 and in lieu thereof make the following orders: (a) Summons and Further Amended Commercial List Statement be dismissed. (b) The plaintiff to pay the costs of the second defendant of the trial as agreed or assessed. (3) The respondent to pay the costs of the appellant of the appeal as agreed or assessed. Catchwords: PUBLIC LAW – compulsory acquisition of property – issue of proposed acquisition notice – whether proposed acquisition notice complied with legislative requirements – Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – whether compliance with procedural requirements an essential pre-condition to the validity of acquisition – whether proposed acquisition notice was non-compliant with form approved by Minister – whether substantial compliance with approved form was sufficient – Interpretation Act 1987 (NSW), s 80(1) – whether approved form was consistent with empowering Act – whether Act required proposed acquisition notice to state the public purpose of acquisition

PUBLIC LAW – compulsory acquisition of property – whether land was sought to be acquired for an improper purpose – Roads Act 1993 (NSW), s 177(1) – whether purpose assessed at time of acquisition or time of notice