Nordburger evicted from Frewville store for Glen Osmond Road upgrades after long legal battle

Staff at Nordburger’s Glen Osmond Rd outlet have lost their jobs after the store was closed down days before Christmas to make way for roadworks.

Staff at Nordburger in Frewville have lost their jobs after the failure of a last-minute bid to keep the restaurant operating during a dispute about compulsory acquisition for roadworks.

“Staff were in tears, turning away customers,” Nordburger director Thomas Martin said of the business being evicted at 5pm on December 23.

“Even the Sheriff’s officers were in shock at what was happening and the way it was done, two days before Christmas.

“The premises will now just stand vacant throughout the busy holiday period.

“Not demolished, no public works commenced in the vicinity. Just a senseless destruction of economic value.”

The eviction was part of compulsory acquisitions for the $35m upgrade of the intersection of Glen Osmond and Fullarton roads.

An Infrastructure and Transport Department spokeswoman said it was necessary ahead of substantial works early in the new year if the project was to stay on budget and schedule.

“While we appreciate that Nordburger wishes to continue trading at the location for as long as it can, early works in the vicinity of the business have been postponed for as long as possible to provide the business time to move,” the spokeswoman said.

“The department offered the services of a buyers/leasing advocate to assist Nordburger with the search for a new site but Nordburger was unable to find a replacement property.”

Nordburger has been reduced to three restaurants.

Opposition infrastructure and transport spokesman Tom Koutsantonis said he was appalled by eviction so close to Christmas and when small businesses in South Australia were doing it tough.

“This is a great SA small business that should have our government on its side but instead they send in Sheriffs and lawyers,” he said.

Nordburger is on a corner block with Main Ave and will be demolished with that road to be realigned as part of the intersection upgrade.

Strips of land are also being acquired from the Arkaba Hotel, the Frewville shopping centre and Arkaba Medical Centre.

The dispute began on August 12, 2020, when Nordburger was notified, followed by a May 6, 2021, compulsory acquisition demand from the Commissioner of Highways.

The landlord accepted the order and was paid in July but Nordburger said it was never offered due compensation as an operating business.

“We spent hundreds of thousands of dollars fitting out the restaurant and will lose net income,” Mr Martin said.

Nordburger at Frewville is being closed down for the Glen Osmond Rd upgrade.

“It’s a prime site and we expected to be there for at least 15 years under our lease arrangement.”

The company was always looking to expand, but now was not an opportune time to invest in hospitality, Mr Martin said.

The company would try to find a place at Nordburger’s three other outlets for the 10 to 15 staff, but realistically there was no work, Mr Martin said.

He was not opposed to compulsory acquisition but said it must be fair and according to law.

In August, Nordburger was given an extension to September.

In October, the Highways Commissioner applied to the Supreme Court for an eviction order, which was granted on December 1 to take effect on December 13.

It is understood some $270,000 was deposited with the court pending a compensation settlement.

Nordburger lodged an interlocutory application with the court pending an appeal but it was dismissed on December 23 leading to a warrant of possession executed by the Sheriff.