Desane Properties Pty Limited v State of New South Wales [No2] [2018] NSWSC 738

Desane Properties Pty Limited v State of New South Wales [No2] [2018] NSWSC 738

The declaration that the PAN is invalid is sufficient and appropriate given the outcome and circumstances, and a departure from usual costs and interest orders is not warranted despite partial failure on one cause of action.

Parties
Plaintiff: Desane Properties Pty Limited; Second Defendant: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Equity Commercial List / Costs and Final Orders Following Principal Judgment
Outcome
Plaintiff succeeds on final orders; Second Defendant to pay Plaintiff's costs and interest on costs. The PAN is declared invalid. No quashing order or injunction was granted.
Legal Topics
Costs, Declarations, Land Acquisition
Civil Procedure Costs Declarations Land Acquisition

Case Brief

Summary, issues, holding and outcome

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Parties

Desane Properties Pty Limited

Plaintiff

Roads and Maritime Services

Second Defendant

Procedural Posture

Equity Commercial List / Costs and Final Orders Following Principal Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to an order quashing the PAN and an injunction restraining the Second Defendant from acting on it
  2. 2 Whether costs should be apportioned given partial failure of the Plaintiff on one cause of action
  3. 3 Whether Plaintiff is entitled to interest on costs

Ratio Decidendi

The declaration that the PAN is invalid is sufficient and appropriate given the outcome and circumstances, and a departure from usual costs and interest orders is not warranted despite partial failure on one cause of action.

Court Disposition

Plaintiff succeeds on final orders; Second Defendant to pay Plaintiff's costs and interest on costs. The PAN is declared invalid. No quashing order or injunction was granted.

Orders

  • Declaration that the Proposed Acquisition Notice is invalid and of no statutory effect.
  • Second Defendant to request Registrar-General to remove land dealing AM439720 from the title of the Register for Lot 1 in Deposited Plan 74891.