Broadcast Australia Pty Ltd v Kim Noonan & Anor [2011] NSWSC 1524

Supreme Court New South Wales

Medium Neutral Citation: Broadcast Australia Pty Ltd v Kim Noonan & Anor [2011] NSWSC 1524 Hearing dates: 5, 6 and 7 September 2011 Decision date: 12 December 2011 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Right acquired is land; Use not limited to public purpose; Land not transferred to the plaintiff. Catchwords: [LAND LAW] - Compulsory acquisition of right - characterisation of "right" - whether "right" is land within the meaning of the Lands Acquisition Act 1955-1966 (Cth) - whether use of land acquired limited to the public purpose for which it was acquired - whether land transferred to the plaintiff's predecessor pursuant to National Transmission Network Sale Act 1998 (Cth). Legislation Cited: Broadcasting and Television Act 1942-1963 (Cth) Conveyancing Act 1919 Lands Acquisition Act 1955-1966 (Cth) Lands Acquisition (Repeal and Consequential Provisions) Act 1989 (Cth) Lands Acquisition Act 1989 (Cth) National Transmission Network Sale Act 1988 (Cth) Real Property Act 1900 Cases Cited: Ackroyd v Smith (1850) 10 C.B. 164; 138 ER 68 Bursill Enterprises Pty Ltd v Berger Bros. Trading Co. Pty Limited (1971) 124 CLR 73 Commissioner of Main Roads v North Shore Gas Company Limited (1967) 120 CLR 118 Commonwealth of Australia v Maddalozzo (1980) 54 ALJR 289 Jones v Commonwealth of Australia (1963) 109 CLR 475 Newcastle-Under-Lyme Corporation v Wolstanton Limited [1947] Ch 92 North Shore Gas Company Limited v Commissioner of Stamp Duties (NSW) (1940) 63 CLR 52 PMT Partners Pty Limited (in liq) v Australian National Parks and Wildlife Service (1995) 184 CLR 301 Re Ellenborough Park; Powell v Maddison [1956] Ch 131 Waugh Hotel Management Pty Ltd v Marrickville Council (2009) 171 LGERA 112; [2009] NSWCA 390 Westfield Management Limited v Perpetual Trustee Company Limited [2007] HCA 45; (2007) 233 CLR 528 Texts Cited: Australian Law Reform Commission, Report No. 14, Lands Acquisition and Compensation (1980) D Brown, Land Acquisition (3rd Ed, Butterworths, 1991) JF Gardner, "Statutory Easements", (1956) 20 The Conveyancer and Property Lawyer 208 JR Gaunt and P Morgan, Gale on Easements (18th Ed, Sweet & Maxwell, 2008) Category: Principal judgment Parties: Broadcast Australia Pty Ltd (Plaintiff) Kim Noonan (First Defendant) Estate of the Late Rube Lambert (Second Defendant) Representation: D Robertson (Plaintiff) JJ Webster SC/ M Seymour (Defendants) Minter Ellison (Plaintiff) Nelson Keane & Hemingway (Defendants) File Number(s): 2010/394848