Watson's Bay and South Shore Ferry Company Limited v Whitfeld [1919] HCA 69

268 HIGH COURT (1919.

(HIGH COURT OF AUSTRALIA.]

THE WATSON'S BAY AND SOUTH SHORE | " FERRY COMPANY LIMITED _| APPEntaNT; PLAINTIFF,

AND

WHITFELD . f Z : 4 a . REsponpENT. . DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H. C. of A, Crown Lands—Intended revocation of dedication of park lands—Power of Minister

1919. Jor Lands—Contract to sell when dedication revoked—Auction sale with con- aoe ditions deterring competition—Ultra vires—Crown Lands Consolidation Act Sypwey, 1913 (V.S.W.) (Wo. 7 of 1913), secs. 25, 63. Dec. 4, 11. citi See. 25 of the Crown Lands Consolidation Act 1913 (N.S.W.) empowers Tsaacs, the Minister for Lands in certain circumstances to publish in the Gazelle a nl ia. nition cEhis tent ee revoking the dedication of Crown lands, and, sub-

ject to Parliament not having dissented, to carry his intention into effect after a specified time. Sec. 63 provides that Crown lands may be sold by public auction at such times and places as the Minister shall direct.

In respect to certain land which had been resumed by the Crown in 1912 and dedicated as a public park, the appellant was entitled to compensation. In 1916 the appellant being willing to forgo its claim for compensation pro- vided the land was vested in it, the Minister for Lands gave notice under sec. 25 of the above-named Act to revoke the dedication of the Jand, and purported to enter into an agreement with the appellant that when the dedication of the land should be revoked it should be offered for sale by public auction and that the amount of the purchase money should be accepted by the appel- lant in full satisfaction of its claim for compensation.

Held, that the agreement was illegal and invalid on each of the following grounds: (1) because the Act does not authorize the making by the Minister