Lee v Commonwealth of Australia [2014] FCAFC 174

Lee v Commonwealth of Australia [2014] FCAFC 174

The challenged provisions of the Water Act 2007 (Cth) are not laws with respect to trade and commerce under s 51(i) but are laws concerned primarily with environmental protection relying on s 51(xxix); therefore, ss 99 and 100 of the Constitution do not affect their validity. The appellants failed to show any sustainable s 92 argument or any compensable 'acquisition of property' by the Commonwealth, so the summary dismissal was correct.

Parties
First Appellant: Daniel Lee; Second Appellant: Graeme Peter James Gropler; First Respondent: Commonwealth of Australia; Second Respondent: Murray-Darling Basin Authority
Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Appeal / Judgment on Appeal From Summary Dismissal, Application for Leave to Appeal
Outcome
Appeal dismissed
Legal Topics
Validity of Federal Legislation, Acquisition of Property on Just Terms, Trade and Commerce Power, Section 92 (freedom of Interstate Trade), Summary Judgment Procedures, Water Rights and Entitlements
Constitutional Law Administrative Law Validity of Federal Legislation Acquisition of Property on Just Terms Trade and Commerce Power Section 92 (freedom of Interstate Trade) Summary Judgment Procedures Water Rights and Entitlements

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Lee

First Appellant

Graeme Peter James Gropler

Second Appellant

Commonwealth of Australia

First Respondent

Murray-Darling Basin Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Summary Dismissal, Application for Leave to Appeal

Legal Issues

  1. 1 Whether challenged provisions of the Water Act 2007 (Cth) are invalid under ss 99, 100, or 92 of the Constitution
  2. 2 Whether Water Act provisions constitute a law of trade and commerce under s 51(i) of the Constitution
  3. 3 Whether appellants had a reasonable prospect of compensation for acquisition of property under s 254 of the Water Act and s 51(xxxi) Constitution

Ratio Decidendi

The challenged provisions of the Water Act 2007 (Cth) are not laws with respect to trade and commerce under s 51(i) but are laws concerned primarily with environmental protection relying on s 51(xxix); therefore, ss 99 and 100 of the Constitution do not affect their validity. The appellants failed to show any sustainable s 92 argument or any compensable 'acquisition of property' by the Commonwealth, so the summary dismissal was correct.

Court Disposition

Appeal dismissed

Orders

  • Mr Lee and Mr Gropler granted leave to appeal.
  • Application to read further affidavits dated 12 August 2014 refused.