PALAIS DE DANSE PROPRIETARY LIMITED V. THE MINISTER OF STATE FOR THE INTERIOR

HB, Daw, Gor. Print, Bt

— Woe E1449 (5

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

pignent debivered Almay,

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Appeal dismissed with costs.

PALAIS DE DANSE PROPRISTARY LIMITED

Vv.

THE MINISTER OF STATE FOR THE INTERIOR.

REASONS FOR JUDGMENT LATHAM C.J.

PALAIS DE DANSE PROPRIMTARY LIMITED ve

THE MINISTER OF STATE FOR THE INTERIOR.

REASONS FOR JUDGNENT LATHAM Cod.

This is an appeal from a judgment of the Supreme Court of Victoria (Gavan Duffy J.) upon a review of an assessment of compensation under the National Security (General) Regulations, reg. 60G. The appellant company conducted a high-class dancing establish- ment in the Palais De Danse at St. Kilda. On 27th April 1942 the Minister for the Army took possession of the Palais under reg. 54. It was used as an Army Post Office until 19th July 1946. Reg. 60D(1) provides thet the owner of property may make an agreement with the Commonwealth authorities as to the compensation to be paid for occupation or for damage done. The appellant company on 5th November 1942 made an agreement with the Commonwealth under which the company, subject to an exception contained in a "without prejudice" clause, agreed to accept as conpensation for all damage or loss sustained by the company by reason of the Commonwealth taking possession of the Palais and of doing acts in relation to the land a sum of £294. 6. 8 a month. This compensation, it was agreed, was to be accepted in full, final and complete satisfaction of all claims of whatsoever kind or nature which the company might have against the Commonwealth directly arising out of the said taking possession of the land ami doing acts in relation thereto. But such acceptance of compensation, it was agreed, was to be "without prejudice to any claim or claims which the owner may hereafter be legally entitled to make against the Commonwealth in respect of actual physical damage done to the said land by the Commonwealth during the period of possession or use of the said