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

The case of Desane Properties Pty Limited v State of New South Wales [No2] involved a dispute between the plaintiff, a property developer, and the defendant, the State of New South Wales. The plaintiff sought a declaration that a proposed acquisition notice issued by the defendant was of no statutory effect, along with an injunction to restrain the defendant from proceeding with the acquisition. The matter was heard in the Supreme Court of New South Wales.

The legal issues that the court had to address included whether the costs of the litigation should be apportioned on an issue by issue basis given that the plaintiff succeeded on some causes of action but failed on one. The court also needed to determine whether, in the circumstances, it was appropriate to make a quashing order and grant injunctions in addition to the declaration of invalidity of the acquisition notice.

In its judgment, the court held that apportionment of costs on an issue by issue basis was not appropriate in this case. The court reasoned that since the plaintiff was successful overall in its main claims, it should not bear the costs associated with the unsuccessful cause of action. Regarding the orders, the court found that a declaration as to the invalidity of the acquisition notice was sufficient and that there was no need to make a quashing order or grant injunctions. The court concluded that the declaration adequately protected the plaintiff's rights and interests, and additional orders would be redundant.

In conclusion, the court made a declaration that the proposed acquisition notice was of no statutory effect and ordered that the defendant bear the costs of the proceedings. No further orders, such as a quashing order or injunctions, were made.