Wheeler v War Veterans' Home [1953] HCA 29
Even if antecedent steps contravened s. 118, they cannot retrospectively affect the validity of the subsequent resumption, as the purported acquisition occurred after the period of protection ended and bona fide rights had been acquired without notice of contravention, thus no invalidation order can be made under s. 130(2).
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- ['compulsory Acquisition' 'war Service Moratorium' 'validation of State Proceedings' 'protection of Rights Under Federal Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether antecedent steps leading to compulsory acquisition of land contravened s. 118 of the Re-establishment and Employment Act 1945-1952' 'Whether an order invalidating such steps could affect the validity of the subsequent resumption' 'Whether bona fide rights acquired without notice preclude the making of an invalidation order under s. 130(2)' 'Whether the Federal Court may invalidate State law proceedings retroactively']
Ratio Decidendi
Even if antecedent steps contravened s. 118, they cannot retrospectively affect the validity of the subsequent resumption, as the purported acquisition occurred after the period of protection ended and bona fide rights had been acquired without notice of contravention, thus no invalidation order can be made under s. 130(2).
Court Disposition
appeal dismissed with costs
Orders
- ['Appeal dismissed with costs']
Full Case Text
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