Nordburger claims SA Government unlawfully seized its Frewville restaurant for $35m road upgrade, wants to be ‘reinstated’ there

Nordburger has doubled down in the battle over its former site, telling a court “new information” shows it was unlawfully seized by the State Government.

Nordburger wants a court to “reinstate” its former Frewville site, claiming to have evidence that “undermines or contradicts the legality” of the land’s seizure for a road upgrade.

On Friday, the popular chain told the Court of Appeal that evidence arose after its eviction and following a letter from Transport and Infrastructure Minister Corey Wingard.

Nordburger director Thomas Martin said the company was considering seeking an order it regain control of the site, rather than simply being awarded adequate compensation.

“Subsequent to the last hearing, I received some correspondence directly from the Minister, on behalf of the Premier, pertaining to matters with a direct bearing on this case,” he said.

“(Previously) it was assumed that the acquisition of the land was lawfully pursued and obtained.

“I have, in the period since the lodging of our case, come by information which would tend to undermine or contradict the lawfulness of the acquisition itself.

“Reinstatement could be ordered on the basis that the compulsory acquisition was not lawfully exercised, and Nordburger’s interest in that property would be preserved.”

Nordburger’s former site on Glen Osmond Road, Frewville.

Nordburger’s Frewville site was compulsorily acquired for the $35m upgrade of the intersection of Glen Osmond and Fullarton roads.

While its landlord accepted a government offer, the restaurant unsuccessfully fought eviction – last month, it sought both an appeal against and a judicial review of that loss.

On Friday, Court of Appeal president Justice Mark Livesey said Mr Martin had been given further time to narrow, not expand, his case.

Mr Martin apologised, saying the new information had not become available until after Nordburger’s appeal papers had been filed.

Counsel for the Commissioner of Highways said they had “no instructions” about Mr Martin’s claims, nor about any correspondence with Mr Wingard.

“If Nordburger intends to pursue an appeal, we are quite happy for that to be listed for hearing,” they said.

“If it does not, then Nordburger should withdraw its appeal and costs can be decided.”

Justice Livesey agreed, listing the appeal for hearing in March and ordering Mr Martin to file any amendments to his case by the end of this month.