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:
- Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) -v- Wolverhampton City Council and Another SC (SC, SC Summ, Bailii, [2010] UKSC 20, Bailii Summ, WLRD, Times, [2010] RVR 237, [2010] 20 EG 144, [2010] PTSR 1103, [2010] 2 WLR 1173)
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 . .