Roads and Maritime Services v Desane Properties Pty Ltd

In *Roads and Maritime Services v Desane Properties Pty Ltd*, the Court of Appeal of New South Wales considered a dispute concerning the compulsory acquisition of land by Roads and Maritime Services (RMS). Desane Properties Pty Ltd (Desane) challenged the validity of a proposed acquisition notice issued by RMS, alleging non-compliance with statutory requirements and an improper purpose for the acquisition.

The central legal issues before the Court of Appeal were whether the proposed acquisition notice complied with the requirements of the *Land Acquisition (Just Terms Compensation) Act 1991* (NSW), specifically regarding the form approved by the Minister and the statement of the public purpose of the acquisition. The court also had to determine whether compliance with these procedural requirements was an essential pre-condition to the validity of the acquisition, and whether substantial compliance with the approved form was sufficient. Furthermore, the court considered whether the land was sought to be acquired for an improper purpose under section 177(1) of the *Roads Act 1993* (NSW), and whether this purpose should be assessed at the time of acquisition or the time of the notice.

The Court of Appeal found that the proposed acquisition notice substantially complied with the approved form and that the Act did not mandate the inclusion of the specific public purpose in the notice itself, but rather in subsequent documentation. The court also determined that the purpose for which the land was sought was a proper one, assessed at the time of the notice. Consequently, the court allowed the appeal, setting aside the primary judge's orders and dismissing Desane's summons and further amended commercial list statement.