Moreton Bay Regional Council v Mekpine Pty Ltd [2016] HCA 7

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER AND NETTLE JJ

MORETON BAY REGIONAL COUNCIL APPELLANT

AND

MEKPINE PTY LTD RESPONDENT

Moreton Bay Regional Council v Mekpine Pty Ltd [2016] HCA 7 10 March 2016 B60/2015

ORDER

1. Appeal allowed with costs.

2. Set aside orders 2 and 3 of the Court of Appeal of the Supreme Court of Queensland made on 2 December 2014, and in their place order that the appeal be dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation

D F Jackson QC with A N S Skoien for the appellant (instructed by Moreton Bay Regional Council)

G W Diehm QC with P D Hay for the respondent (instructed by Hillhouse Burrough McKeown Pty Ltd)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Moreton Bay Regional Council v Mekpine Pty Ltd

Real property – Resumption of land – Leases – Where registered lease expressed to confer interest over specified lot of land that was later amalgamated with adjacent lot – Where land previously part of adjacent lot resumed by local council – Whether lessee's interest extended to entire amalgamated lot upon registration of plan of subdivision under Land Title Act 1994 (Q) – Whether lessee had compensable interest in resumed land under Acquisition of Land Act 1967 (Q), s 12(5).

Real property – Leases – Retail leases – Construction and interpretation – Whether necessary to construe lease otherwise than in accordance with natural and ordinary effect of its terms.

Statutes – Interpretation – Function of definition clause – Whether definition of "Common Areas" in retail shop lease inconsistent with definition of "common areas" in Retail Shop Leases Act 1994 (Q), s 6.

Words and phrases – "common areas", "interest in land", "outgoings", "plan of subdivision", "registered lease", "registration of an instrument", "resumed land", "retail shop lease", "retail shopping centre".