The Minister v Stocks & Parkes Investments Pty Ltd [1973] HCA 29

High Court of Australia McTiernan, Menzies, Gibbs, Stephen and Mason JJ. The Minister v Stocks & Parkes Investments Pty Ltd [1973] HCA 29

ORDER Order that the answer given by the Supreme Court of New South Wales (Court of Appeal Division) to question 2 of the case stated be set aside and that this matter be remitted to the Supreme Court to answer such question in accordance with the reasons for judgment herein. Otherwise appeal dismissed. Cross-appeal dismissed.

Cur. adv vult.

The Court delivered the following written judgment:—

Aug. 28 McTiernan, Menzies, Gibbs, Stephen and Mason JJ.

This is an appeal by special leave from a decision of the Court of Appeal of the Supreme Court of New South Wales upon a case stated by Else-Mitchell J. in proceedings for compensation by the respondent against the appellant for the resumption of about six acres of land in the Shire of Sutherland compulsorily acquired under the Public Works Act, 1912 N S W for the purposes of a school. His Honour awarded $1.00 as nominal compensation and the Court of Appeal held, inter alia, that compensation in excess of that sum ought to have been assessed.

What happened can be stated shortly. The respondent had in 1962, by purchase through a trustee, acquired 231 acres of land in the Shire of Sutherland for £203,500. The land had previously been in a Green Belt Zone under the provisions of the County of Cumberland planning scheme but these provisions in relation to the land had been suspended in 1961. The zoning of what may conveniently be called "the released land" was left undetermined but in a letter from the Under Secretary of the Department of Local Government dated 8th February 1961 to the Shire Secretary of the Sutherland Shire, it was said with regard to it:

A further undetermined area is located at West Jannali. While in these areas both the Cumberland County Council and the Shire Council have endorsed the open space reservation, the Minister considers that in view of the yet unresolved problems associated with the localities and having regard particularly to the absence of detailed planning or any information on the question of financing the acquisition of the lands at this stage, the proposal to leave the areas undetermined is the correct one to adopt for the time being. In administering control over these undetermined areas the Shire Council should have regard to the fact that such lands are not intended for urban use but ultimately it is anticipated that after closer examination of the situation and resolving of any anomalies, they will be incorporated as open space lands.