High Court of Australia
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MILNE AND OTHERS
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138 {S03
HIGH COURT [1958.
(HIGH COURT OF AUSTRALIA.}
APPELLANTS e PLAINTIFFS,
ATTORNEY-GENERAL FOR THE STATE\
OF TASMANIA AND OTHERS . _ .f RPSPONDEsts. DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF TASMANIA.
H.C. or A. Contract—Settlement of discharged members of Forces on land—Administration of
1956. Ye
MELBOURNE,
June 5, 6, T1835
SypNey, Aug. 22.
Dixon C.J., McTiernan, Williams, Fullagar an Taylor JJ.
scheme by Closer Settlement Board (T'as.)—Dealings between settler and Board— Whether giving rise to contractual rights in settler—Interpretation—* Capital cost to the Board of the holding at the time of allotment "—Meaning— Costs in Supreme Court—Successful defendant raised technical defences on which he did not subsequently rely or need to rely—Appeal to High Court by unsuccessful plaintiff—Whether respondent precluded from challenging order below as to- costs—Commonwealth and State War Service Land Settlement Agreement Act
1945 (No. 36 of 1945) (T'as.)\—War Service Land Settlement Act 1950 (No. 82: of 1950) (T'as.), 8. 37.
The War Service Land Settlement Act 1950 ('Tas.) enacts a new and exhaustive
set of provisions dealing with war service land settlement in Tasmania and covers the whole field on the subject.
Section 37 of the War Service Land Settlement Act 1950 ('Tas.) provides that "the purchase price of a holding . - shall be a sum determined by the board with consent but not more than the capital cost to the board of the holding at the time of allotment, excluding the amount payable for improve- ments under s. 26 and including any amount fixed under s. 19 in respect of the holding, or the unimproved value of the holding obtained for the purpose under s. 41 of the Land Valuation Act 1950 whichever is the greater, together with the amount (if any) remaining unpaid under s. 26".
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