High Court of Australia
588 HIGH COURT .
(HIGH COURT OF AUSTRALIA.) SANDERSON... 5 : . APPE!
ND THE MINISTER FOR LANDS (NEW } ESPON SOUTH WALES) . ' és = J ON APPEAL FROM THE SUPREME COURT OF
NEW SOUTH WALES.
H.C. or A, Crown Lands—Improvement lease—Homestead selection obtained by holder— 1924. of improvement lease less homestead selection—Right of transferee to apply kay homestead selection—Crown Lands Consolidation Act 1913 (N.S.W.) (No. 7
Sypnzy, 1913), see. 198*—Crown Lands (Amendment) Act 1917 (N.S.W.) (No. 27 of 1917), Mar. 28. sec, 4.* Knox C. Held, that, where the holder of an improvement lease has, under sec. 193 o
a _dsaacs, x the Crown Lands Consolidation Act 1913 as amended by sec. 4 of the Cro
ataeh and' Lands (Amendment) Act 1917, obtained a portion of the land comprised in rke JJ.
lease as a homestead selection, a subsequent holder by transfer of the imp ment lease so reduced in area is not entitled under that section to apply a portion thereof as a homestead selection.
Decision of the Supreme Court of New South Wales (Full Court) : vy. Minister for Lands, (1923) 23 S.R. (N.S.W.), 524, affirmed.
* Sec. 193 (1) of the CrownLands Con- solidation Act 1913, as amended by sec. 4 of the Crown Lands (Amendment) Act 1917, provides as follows, so far as is material :—'The holder of " any improvement lease, . . . whose dwelling-house may be erected on Crown lands, may, at any time during the last year of the term of the lease, apply for the portion of the leasehold which contains such dwelling-house
; + asa homestead selection,
subject to the provisions hereunder specified :—(a) The area which may be so Se aialial for shall, before the date of the application for the same, have been improved by the holder of the lease or his predecessors in title
with permanent fixed and subs improvements . . . (6) The cation shall be made in the pr manner, and the applicant shall, as when prescribed, pay the full cost survey . . - (e) Upon
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