Tau v Commonwealth [1969] HCA 62

An ordinance made under the territories power in s. 122 of the Constitution providing for compulsory acquisition of property is not invalid merely because it fails to provide just terms, because s. 122 confers plenary legislative power for the government of Commonwealth territories and is not limited by s. 51 (xxxi.).

Jurisdiction: Australia
Procedural Posture: Special Case in Proceedings for Declarations of Invalidity of Ordinances / Full Court Determination of a Question Stated for Opinion
Outcome: Question in the stated case answered: No. Costs of the case costs in the cause.
Legal Topics: ['section 122 Territories Power' 'compulsory Acquisition of Property' 'just Terms' 'validity of Ordinances']

['constitutional Law' 'territories' 'property Law'] ['section 122 Territories Power' 'compulsory Acquisition of Property' 'just Terms' 'validity of Ordinances']

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Procedural Posture

Special Case in Proceedings for Declarations of Invalidity of Ordinances / Full Court Determination of a Question Stated for Opinion

Legal Issues

1 ['Whether an ordinance made pursuant to the New Guinea Act 1920, the New Guinea Act 1920-1926 or the Papua and New Guinea Act 1949-1964 which provides for compulsory acquisition of property is invalid if it fails to provide just terms for such acquisition.' 'Whether s. 122 of the Constitution is limited or qualified by s. 51 (xxxi.) in relation to laws for the acquisition of property in Commonwealth territories.']

Ratio Decidendi

Court Disposition

Question in the stated case answered: No. Costs of the case costs in the cause.

Orders

['Question asked in the stated case answered, No.' 'Costs of the case costs in the cause.']