Wheeler v Kelly [1956] HCA 5

Wheeler v Kelly [1956] HCA 5

The definition of "public purpose" in s. 5 applied to s. 197, so the Minister's Gazette declaration that "War Veterans' Home" was a public purpose within s. 197 was effective. No sufficient basis existed to restrict s. 197 to statutory tenures, to exclude the appellants' freehold land, or to confine "public purpose" ejusdem generis to the listed purposes. War Veterans' Home could fairly be regarded by the Minister as a public purpose, and the resumption for extension of War Veterans' Home at Narrabeen was valid.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From a Decree Dismissing a Suit Challenging the Validity of a Land Resumption
Outcome
Appeal dismissed with costs.
Legal Topics
['crown Land Resumption' 'public Purpose' 'ministerial Declaration' 'crown Lands Consolidation Act 1913 1948 S. 197' 'crown Lands Consolidation Act 1913 1948 S. 5']
['property Law' 'administrative Law' 'statutory Interpretation' 'compulsory Acquisition'] ['crown Land Resumption' 'public Purpose' 'ministerial Declaration' 'crown Lands Consolidation Act 1913 1948 S. 197' 'crown Lands Consolidation Act 1913 1948 S. 5']

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Procedural Posture

Appeal / Appeal From a Decree Dismissing a Suit Challenging the Validity of a Land Resumption

Legal Issues

  1. 1 ['Whether the definition of "public purpose" in s. 5 of the Crown Lands Consolidation Act 1913-1948 applied to the expression "public purpose" in s. 197.' 'Whether the Minister for Lands had power to declare "War Veterans\' Home" to be a public purpose within the meaning of s. 197.' 'Whether s. 197 was limited to land held under a tenure created by the Crown Lands Consolidation Act and therefore excluded freehold land.' 'Whether the words "for any public purpose" in s. 197 should be read ejusdem generis with the specifically listed purposes.' "Whether the resumption of the appellants' Narrabeen land for extension of War Veterans' Home was valid."]

Ratio Decidendi

The definition of "public purpose" in s. 5 applied to s. 197, so the Minister's Gazette declaration that "War Veterans' Home" was a public purpose within s. 197 was effective. No sufficient basis existed to restrict s. 197 to statutory tenures, to exclude the appellants' freehold land, or to confine "public purpose" ejusdem generis to the listed purposes. War Veterans' Home could fairly be regarded by the Minister as a public purpose, and the resumption for extension of War Veterans' Home at Narrabeen was valid.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']