Federal Court of Australia
Bt
CATCHWORDS
Resumption - Land - Acquisition by Commonwealth - Compensation - Claim by owner of profits a prendre - Basis of assessment - Whether entitled to sum for
disturbance - Function of appellate court.
Lands Acquisition Act 1955.
UNIVERSAL SANDS & MINERALS PTY. LIMITED v. COMMONWEALTH OF AUSTRALIA
No. A.C.T. Gll of 1978
Coram: Bowen C.J., Deane and Lockhart JJ.
13 June 1980
Sydney.
-
IN THE FEDERAL COURT OF AUSTRALIA)
AUSTRALIAN CAPITAL TERRITORY
No. Gll of 1978 DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
UNIVERSAL SANDS & MINERALS PTY. LIMITED
Appellant (Plaintiff)
AND:
COMMONWEALTH OF AUSTRALIA
Respondent (Defendant)
ORDER JUDGES MAKING ORDER: Bowen C.J., Deane and Lockhart JJ. DATE OF ORDER: 13 June 1980. WHERE MADE: Sydney.
THE COURT ORDERS THAT the appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. Gll of 1978 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
" BETWEEN: UNIVERSAL SANDS & MINERALS PTY. LIMITED Appellant (Plaintiff) AND:
COMMONWEALTH OF AUSTRALIA
Respondent (Defendant)
CORAM: Bowen C.J., Deane and Lockhart JJ.
13 June 1980.
REASONS FOR JUDGMENT
'
THE COURT: This is an appeal from a decision of the Supreme Court of the Australian Capital Territory (Connor J.). His Honour held that Universal Sands & Minerals Pty. Limited, the appellant, was entitled to interests in the nature of equitable profits a pendre in certain sand, gravel, top soil and granite deposits in land known = as "Lanyon", "Cuppacumbalong" and ""Ingledene". The Commonwealth of
Australia, the respondent, acquired those interests under the
Lands Acquisition Act 1955 (cth.) ("the Act") on 2 September 1971 as to "Lanyon" and "Cuppacumbalong" and on 30 November 1972 as to "Ingledene". Nothing turns on the fact that the dates of acquisition differed. The appellant claimed compensation under the Act.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate