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  • The New South Wales Court of Appeal recently handed down its decision in Roads and Maritime Services v Desane Properties Pty Limited [2018] NSWCA 196.
  • The decision makes clear that under the Land Acquisition (Just Terms Compensation) Act 1991, strict compliance with the Minister’s Approved Form of a Proposed Acquisition Notice (‘PAN‘) is not necessary – substantial compliance is sufficient.
  • There is also no requirement to identify the public purpose of the acquisition in the PAN and the critical time for determining proper purpose is not at the date of issue of the PAN, but at the time the power to acquire is exercised.

Another stage of the New South Wales Government’s controversial WestConnex development project has received a boost after the New South Wales Court of Appeal granted its appeal in Roads and Maritime Services v Desane Properties Pty Limited [2018] NSWCA 196.

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