Hall v Costello and the Minister for Lands (NSW) [1909] HCA 33

Hall v Costello and the Minister for Lands (NSW) [1909] HCA 33

Special leave to appeal was rescinded as the rights of the parties had been finally determined by the Land Appeal Court in 1908, which was not appealed, the respondent went into possession and made improvements in reliance on that outcome, and there was undue delay and apparent acquiescence by the appellant. No court could affect the validity of the final administrative determination.

Parties
Appellant: Elizabeth Hall; Respondent: John Costello; Respondent: The Minister for Lands (NSW)
Jurisdiction
Australia
Judgment Date
28 May 1909
Procedural Posture
Appeal / Application for Special Leave to Appeal and Motion to Rescind Leave
Outcome
special leave to appeal rescinded; motion granted
Legal Topics
Crown Land Applications, Special Leave to Appeal, Delay and Acquiescence
Administrative Law Property Law Crown Land Applications Special Leave to Appeal Delay and Acquiescence

Case Brief

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Parties

Elizabeth Hall

Appellant

John Costello

Respondent

The Minister for Lands (NSW)

Respondent

Procedural Posture

Appeal / Application for Special Leave to Appeal and Motion to Rescind Leave

Legal Issues

  1. 1 Whether special leave to appeal should be rescinded due to delay and acquiescence
  2. 2 Whether the appellant was entitled to apply for Crown land under the Crown Lands Amendment Act 1903
  3. 3 Whether the Minister's consent under section 17 was required before application

Ratio Decidendi

Special leave to appeal was rescinded as the rights of the parties had been finally determined by the Land Appeal Court in 1908, which was not appealed, the respondent went into possession and made improvements in reliance on that outcome, and there was undue delay and apparent acquiescence by the appellant. No court could affect the validity of the final administrative determination.

Court Disposition

special leave to appeal rescinded; motion granted

Orders

  • Special leave to appeal rescinded
  • Respondent to pay the costs of the appeal and of the motion