Roads and Maritime Services v Desane Properties Pty Ltd

(2018) 358 ALR 785; [2018] NSWCA 196

NSW Court of Appeal

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Interrogate

Catchwords

1. Public Law
2. › Compulsory acquisition of property
3. › Proposed acquisition notice
4. › Compliance with legislative requirements
5. › Whether compliance with procedural requirements an essential precondition to validity of acquisition
6. › Whether substantial compliance with approved form sufficient
7. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 11, 15, 16, 33, 69
8. › Interpretation Act 1987 (NSW), s 80(1)
1. Statutory Interpretation
2. › Validity of acts done in breach of statutory requirements
3. › Whether non-compliance with procedural requirements renders act invalid or merely unlawful
4. › Project Blue Sky test
5. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 11, 15, 33, 69
1. Statutory Interpretation
2. › Implied statutory requirements
3. › Whether statute required proposed acquisition notice to state public purpose of acquisition
4. › Whether implication necessary to fill gap in legislative scheme
5. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 3, 10A, 54, 55, 56
1. Public Law
2. › Compulsory acquisition of property
3. › Improper purpose
4. › Whether acquiring authority actuated by improper purpose
5. › Whether purpose assessed at time of acquisition or time of notice
6. › Roads Act 1993 (NSW), s 177(1)

Quick Take

Non-compliance with the procedural requirements of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), including departures from the Minister's approved form for a Proposed Acquisition Notice, does not invalidate the PAN; substantial compliance is sufficient, and the critical time for assessing the purpose of a compulsory acquisition is at the time of acquisition, not at the time the PAN is issued.