High Court of Australia
H.C. or A. 1953-1954. Ww 1953, MELBOURNE,
Oct. 8,9, 12, 13;
1954, SyDNEY,
April 7;
Mernoursr, May 20, Tune 2.
Dixon C.J., Webb and Kitto JJ.
HIGH COURT [1953-1954.
(HIGH COURT OF AUSTRALIA.]
STATE ELECTRICITY COMMISSION aS APPELLANT 3
VICTORIA : DEFENDANT, AND McWILLIAMS .. . c 3 : : é RESPONDENT. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Acquisition of Land—Power of statutory corporation for the purposes of its Act—
Pursuant to direction by Governor in Council—Statement of purpose by Governor in Council—Conclusiveness—Scheme by corporation for setting up new township —T'o house employees and persons supplying services etc. to employees—Acquisi- tion for—Validity—State Electricity Commission Act 1928 (Vict.) (No. 3776), 8. 15 (1).
Section 15 (1) of the State Hlectricity Commission Act 1928 provides " For the purposes of this Act the Commission may acquire and take for the Crown by agreement or compulsorily such lands in the township of Morwell or within a radius of twenty miles therefrom as the Governor-in-Couneil from time to time by Order directs; and all lands so acquired and. taken shall thereupon become and be deemed to be unalienated lands of the Crown."
Held, that the purposes referred to are those actuating the Governor in Council and not the commission. Consequently, a direction specifying a particular purpose as being the purpose of the acquisition is conclusive of the actual existence of that purpose but leaves untouched the question of law whether the specified purpose is a purpose of the Act.
W. H. Blakeley & Co. Pty. Ltd. v. The Commonwealth (1953) 87 C.L.R. 501 referred to, Baiada v. Baulkham Hills Shire Council (1951) 83 C.L.R. 344 distinguished.
The State Electricity Commission of Victoria had, pursuant to statute, carried on for many years a large undertaking at Yallourn. In respect of a certain area at that place, the commission was, under statute, deemed to be a municipal council or local authority and was constituted, with certain exceptions, the sole authority in relation to works of every description. In March 1950, the commission's undertaking was, in response to a growing
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