Interior, Minister for v Brisbane Amateur Turf Club [1949] HCA 31

High Court of Australia Latham C.J. Dixon and McTiernan JJ. Interior, Minister for v Brisbane Amateur Turf Club [1949] HCA 31

ORDER Appeal allowed with costs. Order of Supreme Court varied by substituting the sum of £10,331 for the sum of £32,579 14s. 6d.

Cur. adv. vult.

The following written judgments were delivered:—

Aug. 8 Latham C.J.

This is an appeal from an order made upon a review by the Supreme Court of Queensland (Mansfield S.P.J.) of a determination of a Compensation Board made under reg. 60F of the National Security (General) Regulations which, with associated regs. 60B to 60M, were continued in force during 1948 by the Defence (Transitional Provisions) Act 1946 as amended in 1947. Regulation 54 of those regulations as in force in 1941 provided that if it appeared to the Minister of State for the Army to be necessary or expedient "in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war or for maintaining supplies and services essential to the life of the community, he may, on behalf of the Commonwealth, take possession of any land. " This regulation has now been repealed but reg. 60D and the other regulations above-mentioned providing for assessment of compensation have been continued in operation.

By letter dated 18th December 1941 the Assistant Director of Hirings, First Military District, gave notice to the Brisbane Amateur Turf Club, the lessee of the Doomben racecourse at Brisbane, that in pursuance of reg. 54 the whole of the premises known as the Doomben Racecourse would be required for Commonwealth purposes as from the 15th day of December 1941. The notification stated that "Such compensation as is determined by agreement will be paid to you in respect of damage or loss sustained by you by reason of the Commonwealth's taking possession of the property or of anything done in relation to the said property in pursuance of the said Regulation 54." By letter from the Assistant Director of Hirings dated 19th December 1941 a similar notice was given to the owner of the racecourse, the Doomben Park Recreation Ground Pty. Ltd. The latter letter contained the following statement:—"One condition of the occupation of the premises is that any item of physical damage thereto caused through Military occupation will be made good by or at the expense of the Commonwealth when the premises are vacated." The lessee paid to the owner the rent reserved by the lease, and claims for compensation have been made by the club as the lessee. No claim has been made by the owner, the rent reserved by the lease having been duly paid and other obligations thereunder having been performed.