Broadcast Australia Pty Ltd v Kim Noonan & Anor [2011] NSWSC 1524

Broadcast Australia Pty Ltd v Kim Noonan & Anor [2011] NSWSC 1524

The Commonwealth acquired land (a right for access, defined by statute as 'land'), not merely a personal or revocable right, by force of the Lands Acquisition Act 1955-1966. Its use is not restricted to the public purpose declared on acquisition. However, the Minister's Declaration of 27 April 1999 under the National Transmission Network Sale Act did not transfer that land (the right) to the plaintiff, as the right was acquired by compulsory process and not referable to an 'instrument, contract or legally binding arrangement.' Thus ownership remains with the Commonwealth.

Parties
Plaintiff: Broadcast Australia Pty Ltd; First Defendant: Kim Noonan; Second Defendant: Estate of the Late Rube Lambert
Jurisdiction
Australia
Judgment Date
12 December 2011
Procedural Posture
Civil / Principal Judgment
Outcome
None—judgment delivered and matter listed for further directions.
Legal Topics
Compulsory Acquisition, Easements, Interests in Land, Statutory Interpretation
Land Law Equity Compulsory Acquisition Easements Interests in Land Statutory Interpretation

Case Brief

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Parties

Broadcast Australia Pty Ltd

Plaintiff

Kim Noonan

First Defendant

Estate of the Late Rube Lambert

Second Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Characterisation or nature of the right acquired by the Commonwealth in 1968
  2. 2 Whether acquired right was limited to the public purpose for which it was acquired
  3. 3 Whether the right was transferred to the plaintiff's predecessor pursuant to the National Transmission Network Sale Act 1998 (Cth)

Ratio Decidendi

The Commonwealth acquired land (a right for access, defined by statute as 'land'), not merely a personal or revocable right, by force of the Lands Acquisition Act 1955-1966. Its use is not restricted to the public purpose declared on acquisition. However, the Minister's Declaration of 27 April 1999 under the National Transmission Network Sale Act did not transfer that land (the right) to the plaintiff, as the right was acquired by compulsory process and not referable to an 'instrument, contract or legally binding arrangement.' Thus ownership remains with the Commonwealth.

Court Disposition

None—judgment delivered and matter listed for further directions.