Nordburger Pty Ltd v Commissioner of Highways

Nordburger Pty Ltd appealed to the Full Court of the Supreme Court of South Australia against a decision of the Land and Valuation Court concerning the compulsory acquisition of land. The dispute centred on the Commissioner of Highways' power to acquire land for a public purpose, specifically for the purpose of widening a road.

The primary legal issue before the Full Court was whether the Commissioner of Highways had acted *ultra vires* in acquiring the land. This involved determining whether the acquisition was for a purpose authorised by the relevant legislation, namely the *Lands Acquisition Act 1936* (SA) and the *Highways Act 1926* (SA). The Court was required to consider the scope of the Commissioner's powers and whether the stated purpose of road widening was a legitimate exercise of those powers.

The Court found that the Commissioner had acted within his statutory powers. It reasoned that the purpose of widening a road was a valid public purpose under the *Highways Act 1926* (SA), and the acquisition of the land was a necessary step to achieve this purpose. The Court applied the principle that statutory powers must be exercised for the purposes for which they are granted, and that the evidence demonstrated the acquisition was for the authorised purpose of road widening. The Court therefore dismissed the appeal.