Halloran v Minister Administering National Parks and Wildlife Act 1974 [2006] HCA 3

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE AND HEYDON JJ

WARREN HALLORAN AND THE PERSONS NOMINATED

IN THE ATTACHED SCHEDULE OF OWNERSHIP APPELLANTS

AND

MINISTER ADMINISTERING NATIONAL PARKS

AND WILDLIFE ACT 1974 RESPONDENT

Halloran v Minister Administering National Parks and Wildlife Act 1974

[2006] HCA 3

9 February 2006

S215/2005

ORDER

1. Vary Order 2 of the Court of Appeal of the Supreme Court of New South Wales entered on 17 August 2004, so as to read:

"Declare that upon the admissible evidence tendered at the proceeding before Talbot J the applicant, Pacinette Pty Ltd, has not established that it is the owner of an interest in the land the subject of the Notice of Acquisition published in the Government Gazette dated 19 June 1998 and is entitled for the purposes of these proceedings to maintain its claim under s 37 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of nominated lots 140, 1629 and 1063."

2. Vary Order 3 of the Court of Appeal of the Supreme Court of New South Wales entered on 17 August 2004, so as to read:

"Declare that upon the admissible evidence tendered at the proceeding before Talbot J, the Beneficial Ownership Claimants in Class 2 referred to in the Amended Points of Claim dated 28 December 2000 have not established that they are entitled to maintain claims under s 37 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of land resumed by Notices of Acquisition published in the Government Gazette on 19 June 1998 and on 18 September 1998."

3. Otherwise, appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation:

S D Rares SC with R G McHugh for the appellants (instructed by Blake Dawson Waldron)

A H Slater QC with H R Sorensen for the respondent (instructed by Crown Solicitor for New South Wales)