Estates Development Co Pty Ltd v Western Australia [1952] HCA 42

High Court of Australia Dixon C.J. Webb and Kitto JJ. Estates Development Co Pty Ltd v Western Australia [1952] HCA 42

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:

Aug. 1 Dixon C.J., Webb and Kitto JJ.

This is an appeal from a judgment of the Supreme Court of Western Australia (Dwyer C.J.) dismissing an action for a declaration that a purported compulsory acquisition of certain lands of the plaintiff company by the State Housing Commission of Western Australia, was invalid, and for consequential relief.

The plaintiff company was the registered proprietor under the provisions of the Transfer of Land Act 1893-1947 W.A. of an estate in fee simple in a large number of lots of land in the vicinity of Wanneru and Mount Yokine, a few miles north of Perth. These lots, together with lots owned by a number of other persons, were comprised in five areas, each of which was the subject of a notice by the Governor, dated 23rd November 1950 and published in the Government Gazette of 27th November 1950. The notice in respect of one of these areas, which may be taken as typical of them all, was in these terms:

State Housing Act, 1946; Public Works Act 1902-1945

Land Resumption

State Housing at Mount Yokine and Wanneru—Area No. 1. Notice is hereby given, and it is hereby declared, that several pieces or parcels of land described in the Schedule hereto—being all in the Perthshire District—have, in pursuance of the written approval and consent of His Excellency the Governor, acting by and with the advice of the Executive Council, dated the 23rd day of November, 1950, been set apart, taken, or resumed for the purposes of the following public work, namely:—State Housing at Mount Yokine and Wanneru—Area No. 1.

And further notice is hereby given that the said pieces or parcels of land so set apart, taken, or resumed are marked off and more particularly described on Plan P.W.D., W.A., 32549, which may be inspected at the Office of the Minister for Works, Perth.