Sydney Training Depot Schnapper Island Ltd v. Brown, J. & Ors [1988] FCA 282

Sydney Training Depot Schnapper Island Ltd v. Brown, J. & Ors [1988] FCA 282

The appeal failed because the appellant had not established denial of natural justice or any other ground invalidating the notice to quit. The appellant had been informed months in advance and had discussions and correspondence, including an explanation from a senior naval officer. The notice to quit was a proprietary act between lessor and lessee, no statute was shown to control its issue, and the lessor had a comprehensible safety reason and an available power to give one month's notice. The proposed fresh evidence did not satisfy the requirements for reception on appeal, a view was unnecessary, and the requested injunctions could not be dealt with as an appendage to the appeal.

Jurisdiction
Australia
Judgment Date
01 June 1988
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia Concerning an Application Under the Administrative Decisions (judicial Review) Act 1977 and Reliance on S.39 B of the Judiciary Act 1903 / Appeal and Notice of Motion Heard by the Full Court; Ex Tempore Reasons
Outcome
Appeal dismissed; notice of motion refused; appellant ordered to pay respondents' costs of the appeal and of the motion dated 27 May 1988.
Legal Topics
['notice to Quit' 'natural Justice' 'decision Under an Enactment' 'reasonable Expectations' 'equitable Proprietary Right' 'public Nuisance' 'fresh Evidence on Appeal']
['administrative Law' 'property Law' 'judicial Review'] ['notice to Quit' 'natural Justice' 'decision Under an Enactment' 'reasonable Expectations' 'equitable Proprietary Right' 'public Nuisance' 'fresh Evidence on Appeal']

Case Brief

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia Concerning an Application Under the Administrative Decisions (judicial Review) Act 1977 and Reliance on S.39 B of the Judiciary Act 1903 / Appeal and Notice of Motion Heard by the Full Court; Ex Tempore Reasons

Legal Issues

  1. 1 ['Whether the issue of notices to quit Commonwealth-owned land was reviewable under the Administrative Decisions (Judicial Review) Act 1977 as a decision under an enactment.' 'Whether the appellant was denied natural justice before the notice to quit was issued.' 'Whether the decision-maker or decision-makers had authority to issue the notice to quit and whether the decision was contrary to law, unsupported by evidence or unreasonable.' 'Whether relief was available under s.39B of the Judiciary Act 1903 for alleged infringement of an equitable proprietary right or creation of a public nuisance.' 'Whether fresh evidence should be received, a view of the island taken, or injunctions granted concerning fixed mooring pylons.']

Ratio Decidendi

The appeal failed because the appellant had not established denial of natural justice or any other ground invalidating the notice to quit. The appellant had been informed months in advance and had discussions and correspondence, including an explanation from a senior naval officer. The notice to quit was a proprietary act between lessor and lessee, no statute was shown to control its issue, and the lessor had a comprehensible safety reason and an available power to give one month's notice. The proposed fresh evidence did not satisfy the requirements for reception on appeal, a view was unnecessary, and the requested injunctions could not be dealt with as an appendage to the appeal.

Court Disposition

Appeal dismissed; notice of motion refused; appellant ordered to pay respondents' costs of the appeal and of the motion dated 27 May 1988.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs of the appeal, and of the motion dated 27 May 1988."]