(Queensland) This was an action of ejectment on the alleged forfeiture of a Crown lease in Queensland. The Governor was entitled to forfeit the lease if it had been proved to the satisfaction of a Commissioner that the lessee had abandoned or ceased to reside on the land. The Commissioner did not disclose to the lessee the case against him so that he had no opportunity to meet it.
Held: The decision could not stand. The Commissioner was not bound by any rules as to procedure or evidence but he had to conduct his enquiry ‘according to the requirements of substantial justice’.
[1878] UKPC 11, (1878) 3 App Cas 614
Bailii
Australia
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.418662