Desane win in Rozelle compulsory acquisition court case faces appeal from RMS
Desane Properties' win in the Supreme Court regarding the compulsory acquisition of its 5,274m property at Rozelle, has been challenged by the Roads and Maritime Services.
The NSW Crown Solicitor’s Office informed Desane’s lawyers, Levitt Robinson Solicitors, that they intend to seek leave to appeal to the NSW Court of Appeal.
It will challenge the Supreme Court’s finding made in early May in respect of the formal validity of the Proposed Acquisition Notice issued to Desane, as well as his Honour’s finding that the PAN was given for an improper purpose.
The NSW Crown Solicitor’s Office advised that they would seek to expedite the appeal because “his Honour’s judgement causes significant uncertainty for a large number of pending and future acquisitions of land under the Land Acquisition (Just Terms Compensation) Act 1991 by the State of New South Wales and its agencies”.
Desane Chairman, Professor John Sheehan AM, said he was disappointed "that following the comprehensive judgement, RMS have not heeded the advice of NSW Premier Gladys Berejiklian, when she publicly stated that the RMS needed to respect what the Court had decided and she expected them to move forward in a positive way”.
