Jenkins v Commonwealth [1947] HCA 41

Jenkins v Commonwealth [1947] HCA 41

Statutory Rules 1947 No. 97 validly amended the National Security (Minerals) Regulations to provide for compulsory acquisition of minerals with just compensation; the amendment was within the defence power and within the scope allowed by the transitional legislation; therefore, the impugned orders were lawful and effective.

Parties
Plaintiffs: Hector Norman Jenkins and others; Defendant: The Commonwealth; Defendant: Harold George Raggatt
Jurisdiction
Australia
Procedural Posture
Action for Declaratory Relief / Final Judgment
Outcome
Judgment for the defendants with costs.
Legal Topics
Defence Power, Compulsory Acquisition, Just Compensation, Amendment of Regulations
Constitutional Law Defence Power Compulsory Acquisition Just Compensation Amendment of Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Hector Norman Jenkins and others

Plaintiffs

The Commonwealth

Defendant

Harold George Raggatt

Defendant

Procedural Posture

Action for Declaratory Relief / Final Judgment

Legal Issues

  1. 1 Whether Statutory Rules 1947 No. 97 amending the National Security (Minerals) Regulations were a valid exercise of the defence power
  2. 2 Whether the amending regulations were in respect of a matter dealt with by those regulations within the meaning of s. 6(2) of the Defence (Transitional Provisions) Act 1946
  3. 3 Whether the regulations validly provided for compulsory acquisition on just compensation

Ratio Decidendi

Statutory Rules 1947 No. 97 validly amended the National Security (Minerals) Regulations to provide for compulsory acquisition of minerals with just compensation; the amendment was within the defence power and within the scope allowed by the transitional legislation; therefore, the impugned orders were lawful and effective.

Court Disposition

Judgment for the defendants with costs.

Orders

  • Judgment for the defendants with costs.