Clunies-Ross v Commonwealth; 25 Oct 1984

References: [1984] HCA 65, (1984) 155 CLR 193
Links: Austlii
Coram: Gibbs CJ, Mason, Murphy, Wilson(1), Brennan, Deane and Dawson JJ
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 & 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.’
This case is cited by: