Esmonds Motors Pty Ltd v The Commonwealth [1970] HCA 15

Esmonds Motors Pty Ltd v The Commonwealth [1970] HCA 15

Where an Ordinance requires the appointment of a 'prescribed authority' to perform a specified function (here, the reappraisement of unimproved value under s. 25(1)), it does not permit the Minister to appoint himself as the prescribed authority if that appointment, by operation of a broad delegation power, would undermine the statutory intention that the authority be named and subject to parliamentary control. Regulation 9(1) purporting to prescribe 'the Minister' as the authority is therefore invalid, and any action taken under such regulation is void.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
['regulatory Power' 'delegation of Authority' 'statutory Construction' 'validity of Regulations' 'crown Leases' 'ordinances in Australian Capital Territory']
['administrative Law' 'property Law' 'statutory Interpretation'] ['regulatory Power' 'delegation of Authority' 'statutory Construction' 'validity of Regulations' 'crown Leases' 'ordinances in Australian Capital Territory']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether s. 25(1) of the City Area Leases Ordinance permits the Minister to prescribe himself as the 'prescribed authority' for reappraising the unimproved value of leased land." 'Whether regulation 9(1) of the City Area Leases Regulations is valid under the Ordinance and the enabling Act.' 'Whether the reappraisement undertaken pursuant to an appointment by the Minister or a delegate was valid.']

Ratio Decidendi

Where an Ordinance requires the appointment of a 'prescribed authority' to perform a specified function (here, the reappraisement of unimproved value under s. 25(1)), it does not permit the Minister to appoint himself as the prescribed authority if that appointment, by operation of a broad delegation power, would undermine the statutory intention that the authority be named and subject to parliamentary control. Regulation 9(1) purporting to prescribe 'the Minister' as the authority is therefore invalid, and any action taken under such regulation is void.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Supreme Court of the Australian Capital Territory set aside; declare that there has been no reappraisement of the unimproved value of the land included in Crown Lease Registered Volume 46 Folio 4540 in accordance with the provisions of the City Area Leases Ordinance 1936-1967 and the Regulations;...