WH Blakeley & Co Pty Ltd v Commonwealth; A-G (Cth) v RT Co Pty Ltd [1953] HCA 12

High Court of Australia Dixon C.J. McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ. WH Blakeley & Co Pty Ltd v Commonwealth; A-G (Cth) v RT Co Pty Ltd [1953] HCA 12

ORDER Order that the demurrer be allowed: order that the questions referred to the Full Court by the order of Fullagar J. made on 5th November 1952 be answered as follows:—

1. No.

2. No.

3. Unnecessary to answer.

Order that the defendants or respondents R.T. Co. Pty. Limited, Radioprogram Pty. Ltd., Radio City Pty. Ltd. and Henry Drysdale pay the costs of the demurrer and of the reference. Order that the demurrer be allowed: order that the questions referred to the Full Court by the order of Fullagar J. made on 9th February 1952 be answered as follows:—

1. No.

2. No.

3. No.

Order that the plaintiff pay the costs of the demurrer and of the reference.

Cur. adv. vult.

The Court delivered the following written judgment:—

April 1 Dixon C.J., McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ.

These are two cases heard together in which an attack is made upon the validity of purported acquisitions by the Commonwealth of areas of land in Melbourne. The first case relates to an acquisition, notified in the Gazette of 10th June 1948, of a large area of land fronting Spring Street and Latrobe Street. The notification stated that the lands were acquired under the Lands Acquisition Act 1906-1936 "for the following public purpose, namely: Purposes of providing office accommodation for Departments of the Commonwealth and authorities of the Commonwealth, at Melbourne Victoria". The second case relates to the acquisition of a piece of land at the corner of King Street and Little Lonsdale Street notified by Gazette dated 14th October 1948. The notification stated that the land had been acquired by the Commonwealth under the Lands Acquisition Act 1906-1936 "for the following public purpose, namely:—Postal purposes at Melbourne, Victoria".