Austlii (High Court of Australia) Compulsory Acquisition – Land – Acquisition by Commonwealth – Power to acquire land for public purposes – Whether limited to acquisition of land needed or proposed to be used for public purposes – Earlier sale of other land to Commonwealth – Whether implied term of contract of sale that Commonwealth would not compulsorily acquire balance – The Constitution (63 and 64 Vict. c. 12), s. 51 (xxxi) – Lands Acquisition Act 1955 (Cth), ss. 5, 6, 16(1).
The statutory power to acquire land for a public purpose could not be used to ‘advance or achieve some more remote public purpose, however laudable.’
Judges:
Gibbs CJ, Mason, Murphy, Wilson(1), Brennan, Deane and Dawson JJ
Citations:
[1984] HCA 65, (1984) 155 CLR 193
Links:
Cited by:
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
Lists of cited by and citing cases may be incomplete.
Commonwealth
Updated: 02 May 2022; Ref: scu.414942