TANDOU LTD v WESTERN LANDS COMMISSIONER [1994] NSWCA 303

TANDOU LTD v WESTERN LANDS COMMISSIONER [1994] NSWCA 303

The 1989 amendments to the Western Lands Act, upon true construction and in light of Schedule 7 and s19B, had retrospective application so that, when permitted usage of subject land under a perpetual lease changed from grazing to agriculture and grazing, rent should be redetermined under the basis prescribed for land set apart for agriculture and grazing combined (s19C), applying to pending redeterminations at 1989, notwithstanding previous redeterminations or delays.

Parties
Appellant: Tandou Ltd; Respondent: Western Lands Commissioner
Jurisdiction
Australia
Judgment Date
13 October 1994
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Retrospective Application of Statutes, Leasehold Redetermination, Western Lands Act Amendments, Rental Determination for Perpetuity Leases
Statutory Interpretation Property Law Retrospective Application of Statutes Leasehold Redetermination Western Lands Act Amendments Rental Determination for Perpetuity Leases

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Parties

Tandou Ltd

Appellant

Western Lands Commissioner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether amendments to the Western Lands Act 1989 have retrospective application to the redetermination of rent for leases in perpetuity where permitted use changed from grazing to grazing and agriculture
  2. 2 Whether Schedule 7 and s19B require rent redetermination under s19C for land originally set apart for grazing but permitted for agriculture and grazing due to a change in lease purpose

Ratio Decidendi

The 1989 amendments to the Western Lands Act, upon true construction and in light of Schedule 7 and s19B, had retrospective application so that, when permitted usage of subject land under a perpetual lease changed from grazing to agriculture and grazing, rent should be redetermined under the basis prescribed for land set apart for agriculture and grazing combined (s19C), applying to pending redeterminations at 1989, notwithstanding previous redeterminations or delays.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.