High Court of Australia
—
OF AUSTRALIA. ;
. (HIGH COURT OF AUSTRALIA.)
CITY OF PERTH . i a APPELLANT ;
AND
YSTAL PARK LIMITED AND ANOTHER Responpents. Derenpant anp Tarp Parry,
ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.
il Government—Rating—Exemptions—Board having powers of control and 'management of land—Whether land " vested" in board under Parks and Reserves Act 1895 (W.A.) (59 Vict, No. 30)—Municipal Corporations Act 1906-1938 »
A.) (No. 37 of 1933—No, 39 of 1937), sec. 33%.
'On 9th March 1938, pursuant to the Parks and Reserves Act 1895 (W.A.), 'the State Gardens Board, a statutory unincorporated body, was appointed to control and manage certain Crown land proclaimed as a recreation and parking area, Tn July 1938, pursuant to sec. 33 of the Land Act 1933-1937 (W.A.), the ~ Governor in Council purported to vest the land in the board (without naming 'members thereof) for a recreation and parking area with power to lease 'same, In September 1938 the board leased a portion of the land to a te company which carried on business thereon for private gain. The 'of Perth sought to rate the company in respect of its occupation, but the pany objected thereto.
380 of the Municipal Corpora: Sec. 33 of the Land Act 1933-1937
ated eel idea — ¥ Tatal he meaning of this fee
(W.A.) provides that "the Governor may by Order in Council published in the Gazette—(a) direct that any reserve shall vest in and be held by any munici- pality road board body corporate or
persons to be named in the Onder in trust for . . . public purposes to be specified in sack Onder," and that "a power to sublet the reserve or any portion thereof may be conferred."
H.C, or A.
1940. ~
154 HIGH COURT
H. C. or A. 1940.
exempt from rating.
PERTH "
CorPoRation Per Starke J.: Sec. 380 (5), by the words "vested in any board under th
no Parks and Reserves Act," referred, not to a vesting under the latter Act, bu Crysrat
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate