Commonwealth v New South Wales [1929] UKPCHCA 1

Commonwealth v New South Wales [1929] UKPCHCA 1

The Minister lawfully revoked the dedications of Garden Island under the Crown Lands Consolidation Act 1913; neither the Order in Council of 1899 nor any purported 'perpetuity' of dedication limited the legislative or executive authority of the State to revoke; consequently, Garden Island is now vested in His Majesty as Crown lands in accordance with the statute.

Parties
Appellant: The Commonwealth; Respondents / Plaintiffs: The State of New South Wales and Another
Jurisdiction
Australia
Judgment Date
29 January 1929
Procedural Posture
Appeal / On Appeal From the High Court to the Privy Council
Outcome
Appeal dismissed with formal variation of declaration.
Legal Topics
Crown Lands, Dedication and Revocation of Dedication, Constitution of New South Wales, Intergovernmental Relations
Constitutional Law Administrative Law Property Law Crown Lands Dedication and Revocation of Dedication Constitution of New South Wales Intergovernmental Relations

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Parties

The Commonwealth

Appellant

The State of New South Wales and Another

Respondents / Plaintiffs

Procedural Posture

Appeal / On Appeal From the High Court to the Privy Council

Legal Issues

  1. 1 Whether the dedication of Garden Island for naval purposes was permanent and irrevocable
  2. 2 Whether the Minister could lawfully revoke the dedication under the Crown Lands Consolidation Act 1913
  3. 3 Whether the Order in Council of 1899 or other agreements precluded revocation

Ratio Decidendi

The Minister lawfully revoked the dedications of Garden Island under the Crown Lands Consolidation Act 1913; neither the Order in Council of 1899 nor any purported 'perpetuity' of dedication limited the legislative or executive authority of the State to revoke; consequently, Garden Island is now vested in His Majesty as Crown lands in accordance with the statute.

Court Disposition

Appeal dismissed with formal variation of declaration.

Orders

  • Declaration that Garden Island, Port Jackson, is now, by virtue of the revocation dated 12th October 1923, vested in His Majesty, His Heirs and Successors, and has become Crown lands within the meaning of the Crown Lands Consolidation Act 1913 and is liable to be dealt with in accordance with that Act.