Macdermott v Corrie [1913] HCA 27

Macdermott v Corrie [1913] HCA 27

The value to be paid by the Government to the trustees on resumption of the land is the value to the Society of its interest in the land, considering all relevant restrictions imposed by the Crown grant and statutes affecting alienation and use, not the unrestricted fee simple value or value to the acquiring authority; thus the higher, unrestricted value is not payable.

Parties
Appellant; Defendant (representing the Crown): P. J. MacDermott; Respondents; Plaintiffs: Leslie Gordon Corrie and James Grahame Vidgen, as trustees of the Acclimatization Society of Queensland
Jurisdiction
Australia
Judgment Date
02 May 1913
Procedural Posture
Appeal (from the Supreme Court of Queensland) / High Court of Australia Decision
Outcome
Appeal allowed. Judgment for the defendant (the Crown).
Legal Topics
Valuation of Land on Resumption, Compensation Under Crown Grants, Restrictive Trusts and Alienation, Statutory Interpretation of Grants
Property Law Crown Lands Constitutional Law Valuation of Land on Resumption Compensation Under Crown Grants Restrictive Trusts and Alienation Statutory Interpretation of Grants

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Parties

P. J. MacDermott

Appellant; Defendant (representing the Crown)

Leslie Gordon Corrie and James Grahame Vidgen, as trustees of the Acclimatization Society of Queensland

Respondents; Plaintiffs

Procedural Posture

Appeal (from the Supreme Court of Queensland) / High Court of Australia Decision

Legal Issues

  1. 1 What is the proper basis for valuation of land resumed under a Crown grant subject to trusts and limitations?
  2. 2 Does 'value of the land' mean unrestricted fee simple value or value subject to restrictions imposed by grant and statute?

Ratio Decidendi

The value to be paid by the Government to the trustees on resumption of the land is the value to the Society of its interest in the land, considering all relevant restrictions imposed by the Crown grant and statutes affecting alienation and use, not the unrestricted fee simple value or value to the acquiring authority; thus the higher, unrestricted value is not payable.

Court Disposition

Appeal allowed. Judgment for the defendant (the Crown).

Orders

  • Judgment is to be entered for the defendant, as the sum of £7,490 is not the amount payable. The sum of £3,835 already paid is accepted in full satisfaction of the trustees' claim.