Grace Brothers Pty Ltd v The Commonwealth [1950] UKPCHCA 1

Grace Brothers Pty Ltd v The Commonwealth [1950] UKPCHCA 1

The Privy Council lacks jurisdiction to entertain the appeal because it raises an inter se question and the appellant did not obtain a certificate from the High Court or acquiesce in its determination regarding validity; therefore, the appeal must be dismissed.

Parties
Appellant: Grace Brothers Proprietary Limited; Respondents: The Commonwealth and the Minister for the Interior
Jurisdiction
Australia
Judgment Date
27 July 1950
Procedural Posture
Appeal / Special Leave to Appeal From High Court to Judicial Committee of the Privy Council
Outcome
appeal dismissed
Legal Topics
Compulsory Acquisition of Land, Compensation, Just Terms, Ultra Vires, Jurisdiction of Privy Council, Assessment of Compensation
Constitutional Law Property Law Compulsory Acquisition of Land Compensation Just Terms Ultra Vires Jurisdiction of Privy Council Assessment of Compensation

Case Brief

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Parties

Grace Brothers Proprietary Limited

Appellant

The Commonwealth and the Minister for the Interior

Respondents

Procedural Posture

Appeal / Special Leave to Appeal From High Court to Judicial Committee of the Privy Council

Legal Issues

  1. 1 whether s. 29(1) of the Lands Acquisition Act 1906-1936 provides compensation on just terms as required by s. 51 (xxxi.) of the Constitution
  2. 2 whether s. 29(1) is ultra vires
  3. 3 the principle upon which compensation is to be given

Ratio Decidendi

The Privy Council lacks jurisdiction to entertain the appeal because it raises an inter se question and the appellant did not obtain a certificate from the High Court or acquiesce in its determination regarding validity; therefore, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • appellant to pay the costs of the appeal