Desane to fight once more against the RMS in Court of Appeal

The RMS is appealing the NSW Supreme Court “landmark judgement” handed down in favour of Desane on 1 May 2018.

The validity of the proposed compulsory acquisition by the Roads and Maritime Services (RMS) of the Desane Group Holdings Limited 5,274m2 flagship property, located at 68-72 Lilyfield Road, Rozelle, is set to be heard this week in the NSW Court of Appeal on the 28th and 29th of June 2018.

Desane will argue in the Court of Appeal that

"Firstly, the Proposed Acquisition Notice (“PAN”), issued by RMS in respect of Desane’s property at 68-72 Lilyfield Road, Rozelle on 26 May 2017 failed to comply with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) by reason of a number of disconformities with the approved form of proposed acquisition notice, which invalidated the PAN."

"Secondly the PAN failed to state the specific purpose for which RMS may lawfully exercise its powers to acquire the Property compulsorily under the Roads Act 1993 (NSW), invalidating the PAN."

"Thirdly, that the RMS, in issuing the PAN did so for a purpose which was extraneous to its powers to acquire land conferred to it under S177 of the Roads Act because, at the date of the PAN, RMS’s substantial purpose for the proposed acquisition was to provide part of a new 10 hectare “Rozelle Park” on the property, which was not a purpose authorised by the Roads Act.

Last month Desane won the court case.