Launceston Corporation v Hydro-Electric Commission [1959] HCA 12

Launceston Corporation v Hydro-Electric Commission [1959] HCA 12

The five parcels registered in the name of the Hydro-Electric Commission were rateable because they were the property of the commission and not of Her Majesty. The two parcels that remained Crown land belonged to Her Majesty, but the commission did not occupy them on behalf of or for the purposes of Her Majesty because, on the proper construction of the Hydro-Electric Commission Act 1944, the commission was an independent statutory corporation and not a servant of the Crown. The words in s. 15 (2) that the commission may act 'for and on behalf of the State' did not make it a servant of the Crown.

Jurisdiction
Australia
Procedural Posture
Claim for Rates / Appeal by Special Leave From the Supreme Court of Tasmania
Outcome
Appeal allowed with costs; order of the Supreme Court of Tasmania set aside; judgment entered for the plaintiff for £247 12s. 10d. with costs.
Legal Topics
['rateability of Land' 'exemption for Land Belonging to and Occupied on Behalf of Her Majesty' 'whether a Statutory Corporation Is a Servant of the Crown' 'construction of Launceston Corporation Act 1941 Tas. S. 115' 'hydro Electric Commission Land Holdings']
['local Government Law' 'crown Land and Crown Immunity' 'statutory Corporations'] ['rateability of Land' 'exemption for Land Belonging to and Occupied on Behalf of Her Majesty' 'whether a Statutory Corporation Is a Servant of the Crown' 'construction of Launceston Corporation Act 1941 Tas. S. 115' 'hydro Electric Commission Land Holdings']

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Procedural Posture

Claim for Rates / Appeal by Special Leave From the Supreme Court of Tasmania

Legal Issues

  1. 1 ['Whether lands occupied by the Hydro-Electric Commission were exempt from rates under s. 115 of the Launceston Corporation Act 1941 Tas. as land belonging to and occupied on behalf of Her Majesty.' 'Whether land vested in or purchased by the Hydro-Electric Commission was land belonging to Her Majesty.' 'Whether Crown land occupied by the Hydro-Electric Commission was occupied on behalf of Her Majesty or for the purposes of Her Majesty.' 'Whether the Hydro-Electric Commission was a servant of the Crown.']

Ratio Decidendi

The five parcels registered in the name of the Hydro-Electric Commission were rateable because they were the property of the commission and not of Her Majesty. The two parcels that remained Crown land belonged to Her Majesty, but the commission did not occupy them on behalf of or for the purposes of Her Majesty because, on the proper construction of the Hydro-Electric Commission Act 1944, the commission was an independent statutory corporation and not a servant of the Crown. The words in s. 15 (2) that the commission may act 'for and on behalf of the State' did not make it a servant of the Crown.

Court Disposition

Appeal allowed with costs; order of the Supreme Court of Tasmania set aside; judgment entered for the plaintiff for £247 12s. 10d. with costs.

Orders

  • ['Appeal allowed with costs.' 'Set aside the order of the Supreme Court of Tasmania.' 'In lieu thereof order that judgment be entered for the plaintiff in the sum of £247 12s. 10d. with costs.']