Lanyon Pty Ltd v The Commonwealth [1974] HCA 11

High Court of Australia Menzies J. Lanyon Pty Ltd v The Commonwealth [1974] HCA 11

Cur. adv. vult.

Menzies J. delivered the following judgment:—

April 4 Menzies J

On 6th May 1970 the plaintiff in this action, being the owner of the property known as Lanyon within the Australian Capital Territory, submitted to the then Minister for the Interior a plan for the development of that property in freehold subdivision and sought government approval in principle for its plan. It was not until 18th September 1970 that an answer was forthcoming. It was in these terms:

Some time ago you left with me a document described as "A proposal for development presented by Lanyon Pty. Limited to the Federal Government". I understand that you wished me to examine this document with a view to stating the Commonwealth's attitude to the proposals set out therein. The document has been carefully examined. However, it has been decided that any development of the area involved will be by the Commonwealth.

I must therefore advise you that the Government has decided that the freehold land in the area should be acquired by the Commonwealth under the Lands Acquisition Act. Having regard to the requirements under that Act I am forwarding herewith a Notice to Treat.

The decision so conveyed was, it appears, a cabinet decision which involved policy considerations including the question whether or not private development of freehold land in the Australian Capital Territory for sale in subdivision should be permitted.

The plaintiff seeks the production of the documents which came into existence in the course of the examination of its request leading to the decision already stated, including all minutes of cabinet and of committees and sub-committees of cabinet.

Three subpoenas have been issued: