Mackinnon v Attorney-General (NSW) [1909] HCA 71

; : :

Sy

OF AUSTRALIA. 503

[HIGH COURT OF AUSTRALIA.]

CHARLES MACKINNON APPELLANT: DEFENDANT, AND THE ATTORNEY-GENERAL FOR NEW | RAEN DWT!

SOUTH WALES INFORMANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Crown lands—Improvement Leases Cancellation Act 1906 (N.S.W.), (No. 42), secs. H.C. or A. 2, 3, 4*—Crown Lands Act 1895 (N.S. W.), (No. 18), secs, 24, 25—Cancellation 1909. ase. *Secs. 2, 3 and 4 of the Improve- "The said former lessee may within — gyp,

ment Leases Cancellation Act 1906, No. 42, are as follows :—

"2. Tf within four months of the commencement of this Act the Honor- able Mr. Justice Owen certifies that any improvement lease, then current

sixty days after such cancellation make application for an improvement lease Vor. or improvement leases or for a lease under section eighteen of the Crown Griffith C Lands Amendment Act 1903, of the g parton. said land or any part thereof. eed ee

24,

Isaacs JJ.

and in force, which was the subject of inquiry by the Royal Commission on the administration of the Lands De- partment was granted or purported to be granted under circumstances evi- dencing improper acts or serious ir- regularity, and that such lease should be dealt with under this Act, such cer- tifieate shall be notified in the Gazette, and thereupon such lease shall become cancelled and forfeited.

"3. On such cancellation and for- feiture, the former lessee of the land comprised in such lease shall become the holder of a preferential occupation licence thereof, and such land shall thereupon become reserved from sale and leases generally until such reserv- ation is revoked in whole or in part by notification by the Governor in the Gazette.

"4. (1) For the purpose of dealing with land comprised in leases so for- feited, the Governor shall appoint a board' of three persons, one of whom shall be a Judge of the Supreme Court, who shall preside at meetings of the board.