Wheeler v War Veterans' Home [1953] HCA 29

Wheeler v War Veterans' Home [1953] HCA 29

Even if preliminary steps towards compulsory acquisition were taken in contravention of s. 118 (during applicant's protection period), those steps were not invalidated ab initio and the actual resumption occurred after protection expired; s. 130(2) does not provide retrospective invalidation and Court cannot invalidate the resumption on these grounds. The declaration that the War Veterans' Home was a public purpose was not a contravention of s. 118, as applicant's protection had lapsed at the time; further, any rights acquired by the War Veterans' Home were acquired bona fide and without notice, barring relief under s. 130(2). Accordingly, no order should be made invalidating the...

Parties
Appellant; Plaintiff; Executrix of the Will of James Wheeler (deceased): Alice Ann Wheeler; Appellant; Plaintiff; Executor of the Will of James Wheeler (deceased): Alan George Wheeler; Respondent; Defendant; Company Limited by Guarantee: War Veterans' Home; Respondent; Defendant: Minister for Lands for the State of New South Wales
Jurisdiction
Australia
Judgment Date
20 May 1953
Procedural Posture
Appeal From Original Jurisdiction (high Court, Taylor J.) / Final Appeal Decision (full Court of the High Court of Australia)
Outcome
Appeal dismissed with costs.
Legal Topics
Compulsory Acquisition of Land, War Service Moratorium/protected Persons, Public Purpose in Resumption, Condition Precedent to Resumption, Discretion Under Federal Statute, Validity of State Compulsory Acquisition, Federal/state Legislative Interplay
Administrative Law Property Law Constitutional Law Compulsory Acquisition of Land War Service Moratorium/protected Persons Public Purpose in Resumption Condition Precedent to Resumption Discretion Under Federal Statute +2 more

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Parties

Alice Ann Wheeler

Appellant; Plaintiff; Executrix of the Will of James Wheeler (deceased)

Alan George Wheeler

Appellant; Plaintiff; Executor of the Will of James Wheeler (deceased)

War Veterans' Home

Respondent; Defendant; Company Limited by Guarantee

Minister for Lands for the State of New South Wales

Respondent; Defendant

Procedural Posture

Appeal From Original Jurisdiction (high Court, Taylor J.) / Final Appeal Decision (full Court of the High Court of Australia)

Legal Issues

  1. 1 Were steps taken towards compulsory acquisition in contravention of s. 118 of the Re-establishment and Employment Act 1945-1952?
  2. 2 Can the Court invalidate those steps under s. 130(2) and would this affect the validity of the resumption?
  3. 3 Is the declaration that the War Veterans' Home was a public purpose within the State Act invalid under State law?

Ratio Decidendi

Even if preliminary steps towards compulsory acquisition were taken in contravention of s. 118 (during applicant's protection period), those steps were not invalidated ab initio and the actual resumption occurred after protection expired; s. 130(2) does not provide retrospective invalidation and Court cannot invalidate the resumption on these grounds. The declaration that the War Veterans' Home was a public purpose was not a contravention of s. 118, as applicant's protection had lapsed at the time; further, any rights acquired by the War Veterans' Home were acquired bona fide and without notice, barring relief under s. 130(2). Accordingly, no order should be made invalidating the...

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.