R v Rigby [1956] HCA 38

R v Rigby [1956] HCA 38

No distinct question of law arises from the case stated as presented; it fails to conform to statutory and common law requirements for cases stated, thus the Supreme Court's order must be discharged and the case restated in accordance with The Land Acts, especially in respect of ss. 154, 155 and the leaseholder's priority right under s. 72.

Parties
Appellant: The Queen; Respondent: Rigby and Another
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Queensland, Concerning Case Stated by Land Appeal Court
Outcome
Appeal allowed; order of Supreme Court discharged; case stated set aside and to be restated unless claimants elect not to proceed; liberty to apply for further relief; no order as to costs.
Legal Topics
Crown Lands, Case Stated Procedure, Compensation Assessment, Appeals
Property Law Administrative Law Crown Lands Case Stated Procedure Compensation Assessment Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

The Queen

Appellant

Rigby and Another

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Queensland, Concerning Case Stated by Land Appeal Court

Legal Issues

  1. 1 Whether the case stated by the Land Appeal Court conformed with statutory requirements for cases stated under s. 36 of The Land Acts 1910 to 1953
  2. 2 Whether questions of law distinctly arise on the case stated
  3. 3 Proper interpretation and application of ss. 154 and 155 of The Land Acts to ringbarking and clearing

Ratio Decidendi

No distinct question of law arises from the case stated as presented; it fails to conform to statutory and common law requirements for cases stated, thus the Supreme Court's order must be discharged and the case restated in accordance with The Land Acts, especially in respect of ss. 154, 155 and the leaseholder's priority right under s. 72.

Court Disposition

Appeal allowed; order of Supreme Court discharged; case stated set aside and to be restated unless claimants elect not to proceed; liberty to apply for further relief; no order as to costs.

Orders

  • Appeal allowed
  • Order of Supreme Court discharged