High Court of Australia
18 C.L.R.] OF AUSTRALIA. aut
(PRIVY COUNCIL]
CORRIE AND ANOTHER Fi . a . APPELLANTS ; PLAINTIFFS, AND MACDERMOTT a : . F F . RESPONDENT. DEFENDANT,
ON APPEAL FROM THE HIGH COURT OF AUSTRALIA.
Crown Grant—Restrictions on alienation and user of land—Resumption for public Privy
purposes—Value of land to grantee—Basis of valuation—Arbitration—Award, COuNcrL.*
1914. The Acclimatization Society of Queensland were the grantees of land sub- =
ject to conditions and reservations and to extensive restrictions on the use July 14. and alienation of it, and to a right in the Crown to resume the land or any
part of it which might be required at any time for any public purpose—the
value of the land resumed to be paid to the party entitled thereto at a valua-
tion to be fixed by arbitration.
Held, that the value to be so fixed and paid on the resumption of the land by the Crown under the grant was the value to the Society of their interest in the land and not its value to the Crown or to those for whom the Crown was acquiring the land; and that in ascertaining such value the conditions, reservations and restrictions should be taken into consideration as affecting the Society's market.
Stebbing v. Metropolitan Board of Works, L.R. 6 Q.B., 37, and Hilcoat v. Archbishops of Canterbury and York, 10 C.B., 327, explained.
Decision of the High Court: MacDermott v. Corrie, 17 C.L.R., 223, affirmed.
Appeal from the High Court. This was an appeal by the plaintiffs, Leslie Gordon Corrie and James Grahame Vidgen, the trustees of the Acclimatization
* Present—Lord Dunedin, Lord Atkinson, Lord Sumner and Sir Joshua Williams,
Privy Councit.
1914. Yw CorRIE wv MacDrr- MOTT.
HIGH COURT [1914.
Society of Queensland, to the Privy Council from the decision of the High Court: MacDermott v. Corrie (1).
The judgment of their Lordships was delivered by
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