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.’
Gibbs CJ, Mason, Murphy, Wilson(1), Brennan, Deane and Dawson JJ
 HCA 65, (1984) 155 CLR 193
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.
Updated: 02 May 2022; Ref: scu.414942