High Court of Australia
OF AUSTRALIA.
(HIGH COURT OF AUSTRALIA.]
O'KEEFE AND OTHERS Ei ; : . APPELLANTS ; PLAINTIFES, AND
WILLIAMS : 4 F : ; s . RESPONDENT,
Nomina DEFENDANT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Crown Lands Act 1884 (N.S. IW.) (48 Vict. No. 18), sees. 5, 6—Crown Lands Act 1889 (Y.S.W.) (53 Viet. No. 21), sec. 33—Crown Lands Act 1895 (N.S. W.) (58 Vict. No. 18), sec. 49—Occupation licence—Relationship between Crown and licensee—A greement by Crown not to disturb licensee—Implication of covenant for quiet enjoyment—Powers of Minister with respect to Crown lands—Estoppel— Res judicata.
An occupation licence under the Crown Lands Acts is an annual tenure of land, in respect of which the licensee pays fees subject to re-appraisement, and which is renewable under certain conditions from year to year. 'The holder of such a licence agreed with the Government that there should be are-appraise- ment of the licence fees, but before the re-appraisement the Government demanded payment at the original rates. The licensee failed to pay the amounts claimed, and the Government published a notification in the Govern- ment Gazette that the licence had not been renewed. The result of the noti- fication, if valid, was that the lands in question became Crown lands available
for occupation under annual lease.
In an action by the licensee against the Government for damages for breach of contract the declaration alleged that the licensee then agreed with the Government that, in consideration of his paying the fees demanded, the noti- fication should be withdrawn and he should be permitted, subject to the provisions of the Crown Lands Acts, to quietly enjoy the area so long as the licence should be renewed, free from interference, disturbance, or eviction by the Government or persons claiming under it by matter subsequent to the payment of the fees in question. The fees were paid by the licensee, but the notification was not revoked, and an annual lease was granted to another person of portion of the area.
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