Desane Properties Pty Limited v State of New South Wales [2018] NSWSC 553

Desane Properties Pty Limited v State of New South Wales [2018] NSWSC 553

The proposed acquisition notice was of no statutory effect because it did not comply with the requirements of the Just Terms Act: at the time there was no valid approved form consistent with the amended Act, and in any event the notice departed substantially from the approved form. The notice was also invalid because it failed to state the public purpose for which the Property was proposed to be acquired, a requirement implied by the statutory scheme and common law protection of private property. If it had not otherwise been invalid, it would have been invalid because RMS had a substantial and dominant improper purpose of acquiring the Property to provide open space and green parkland,...

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Equity Commercial List Proceeding Concerning Compulsory Acquisition of Land and Validity of a Proposed Acquisition Notice / Principal Judgment After Hearing
Outcome
The proposed acquisition notice given by the second defendant to the plaintiff on 26 May 2017 was declared to be of no statutory effect.
Legal Topics
['validity of Proposed Acquisition Notice' 'land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'roads Act 1993 (nsw)' 'approved Form for Proposed Acquisition Notice' 'requirement to State Public Purpose' 'improper Purpose' 'misleading or Deceptive Conduct']
['public Law' 'compulsory Acquisition of Land' 'administrative Law' 'equity Commercial List'] ['validity of Proposed Acquisition Notice' 'land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'roads Act 1993 (nsw)' 'approved Form for Proposed Acquisition Notice' 'requirement to State Public Purpose' 'improper Purpose' 'misleading or Deceptive Conduct']

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Procedural Posture

Equity Commercial List Proceeding Concerning Compulsory Acquisition of Land and Validity of a Proposed Acquisition Notice / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed acquisition notice complied with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and the Ministerially approved form.' 'Whether a proposed acquisition notice must state the public purpose for which the land is proposed to be acquired.' 'Whether the proposed acquisition notice was invalid because it was issued for an improper purpose, namely acquisition for open space and green parkland rather than a purpose of the Roads Act 1993 (NSW).' 'Whether RMS engaged in misleading or deceptive conduct in relation to the proposed acquisition notice.']

Ratio Decidendi

The proposed acquisition notice was of no statutory effect because it did not comply with the requirements of the Just Terms Act: at the time there was no valid approved form consistent with the amended Act, and in any event the notice departed substantially from the approved form. The notice was also invalid because it failed to state the public purpose for which the Property was proposed to be acquired, a requirement implied by the statutory scheme and common law protection of private property. If it had not otherwise been invalid, it would have been invalid because RMS had a substantial and dominant improper purpose of acquiring the Property to provide open space and green parkland,...

Court Disposition

The proposed acquisition notice given by the second defendant to the plaintiff on 26 May 2017 was declared to be of no statutory effect.

Orders

  • ['The proposed acquisition notice given by the second defendant to the plaintiff on 26 May 2017 is of no statutory effect.' 'The parties are to bring in short minutes reflecting this outcome and finalising the proceedings against the first and third defendants.' 'The Court will hear the parties on costs, should this...