Supreme Court of NSW

Desane case - Westconnex - Court halts compulsory acquisition of land

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

In this case, the NSW Supreme Court upheld a challenge to the validity of a Proposed Acquisition Notice (PAN) issued by RMS to a landholder (Desane) because the PAN:

  1. deviated impermissibly from the approved form;

  2. did not specify the public purpose of the acquisition; and

  3. was issued for a purpose not authorised under the Roads Act 1993.