Nordburger again fights shock eviction from former Frewville site
A popular SA burger joint that was swallowed by a road upgrade says it won’t go down without a fight and has reheated its legal challenge.
Police & Courts
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A judge overstepped his bounds by handing a popular burger chain’s land over to the Commissioner of Highways for a road upgrade, a court has heard.
In the Supreme Court on Friday, Nordburger resurrected the legal battle over its eviction from its former site on Glen Osmond Rd, Frewville.
The company’s director, Thomas Martin, told the court it would fight on despite having lost a challenge late last year – but had yet to decide what form its new tilt would take.
“We wish to give some consideration to whether this is better characterised as an appeal in the Court of Appeal or a judicial review of the Supreme Court’s decision,” he said.
“We say that the decision made by (Supreme Court) Master Graham Dart was outside his jurisdiction.”
The land beneath the store was seized as part of compulsory acquisitions for the $35m upgrade of the intersection of Glen Osmond and Fullarton roads.
Nordburger was notified of the acquisition in May, its landlord accepted a government offer in July, but the chain filed legal action in August claiming it was not offered due compensation.
In October, the Highways Commissioner was successful in seeking a court order to take the site and, on December 23, Nordburger was evicted.
On Friday, Mr Martin asked the court for time to finalise Nordburger’s case.
Counsel for the Commissioner said they did not object to the delay – but nor did they believe its challenge had any merit.
“To provide some background, we wrote to Nordburger this week setting out the Commissioner’s view of the prospects of success of any appeal,” they said.
“We have invited Mr Martin to withdraw his appeal.
“In those circumstances, it is appropriate he have some time to consider his position.”
Court of Appeal president Justice Mark Livesey adjourned the matter for further hearing next month.
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