Mackinnon v Attorney-General (NSW) [1909] HCA 71

Mackinnon v Attorney-General (NSW) [1909] HCA 71

The Court held that the rights of a preferential occupation licensee under the Improvement Leases Cancellation Act 1906 are subject to the general provisions of the Crown Lands Acts, and thus may be terminated by the issue of a settlement lease under section 25 of the Crown Lands Act 1895. Accordingly, the appeal was dismissed and the prior decision affirmed.

Parties
Appellant / Defendant: Charles Mackinnon; Informant / Respondent: The Attorney-General for New South Wales
Jurisdiction
Australia
Judgment Date
25 November 1909
Procedural Posture
Appeal (civil) / High Court of Australia – Decision on Appeal From Supreme Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
Improvement Leases Cancellation Act 1906 (nsw), Preferential Occupation Licence, Crown Lands Act 1895 (nsw), Cancellation and Forfeiture of Crown Land Leases, Settlement Leases
Crown Land Law Administrative Law Improvement Leases Cancellation Act 1906 (nsw) Preferential Occupation Licence Crown Lands Act 1895 (nsw) Cancellation and Forfeiture of Crown Land Leases Settlement Leases

Case Brief

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Parties

Charles Mackinnon

Appellant / Defendant

The Attorney-General for New South Wales

Informant / Respondent

Procedural Posture

Appeal (civil) / High Court of Australia – Decision on Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the grant of a settlement lease under section 25 of the Crown Lands Act 1895 determines the rights of a preferential occupation licensee under the Improvement Leases Cancellation Act 1906
  2. 2 Whether the Crown can grant a settlement lease notwithstanding the existence of a preferential occupation licence

Ratio Decidendi

The Court held that the rights of a preferential occupation licensee under the Improvement Leases Cancellation Act 1906 are subject to the general provisions of the Crown Lands Acts, and thus may be terminated by the issue of a settlement lease under section 25 of the Crown Lands Act 1895. Accordingly, the appeal was dismissed and the prior decision affirmed.

Court Disposition

Appeal dismissed

Orders

  • Declaration for the Attorney-General as prayed for
  • Costs as ordered