Federal Court of Australia
ANGISLO_MADDALOZZO v. THE COMMONWEALTH OF AUSTRALIA
NO. NTG 1 of 1979
CORAM: FORSTER, BRENNAN AND LOCKHART JJ. DATE OF ORDER: 9 AUGUST 1979
WHERE MADE: DARWIN
In the reasons for judgment of Lockhart J. page 1, paragraph 2, substitutes
"75 June 1973" for
"175 June 1972" where appearing.
T. LYtESTRANGE ASSOCIATE
CATCHWORDS
Compulsory acquisition - Compensation - Construction of notice of acquisition - Meaning of "Estate in fee simple land" - Whether mining leases acquired -
Lands Acquisition Act 1955 (Cth.), ss.5, 10(4), 11 -
Mining Ordinance 1939-1971 (N.T.).
ANGELO MADDALOZZO v. THE COMMONWRALTH OF AUSTRALIA
No. NTG 1 of 1979.
Coram : Forster, Brennan and Lockhart JJ.
Darwin.
J bagert -1979,
IN THE FEDERAL COURT OF AUSTRALIA )
) NORTHERN TERRITORY DISTRICT REGISTRY ) No. NIG 1 of 1979
) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN +: ANGELO MADDALOZZO Appellant (Plaintiff)
AND : THE COMMONWEALTH OF AUSTRALIA Respondent (Defendant) ORDER
JUDGES MAKING ORDER
Forster, Brennan and Lockhart JJ.
g Haga (E79.
Darwin.
DATE OF ORDER
WHERE MADE
'THE COURT ORDERS THAT :
1. The appeal be allowed.
2. The order of the Supreme Court of the Northern Territory be set aside and in lieu thereof it be declared that the appellant's interests as lessee under mining leases
on private lands granted under the Mining Ordinance 1939-
1971 in respect of lease numbers 269B and 270B in the Waggaman Goldfield were compulsorily acquired by the
respondent on 15 June 1973 under the Lands Acquisition Act
1955.
2-2/2
3. The appellant recover against the respondent
his costs of the preliminary proceedings before the - Supreme Court to be taxed.
4. The action be remitted to the Supreme Court
for further hearing and determination and with directions to proceed in accordance with the declaration made by this Court.
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