Corrie v MacDermott [1914] UKPCHCA 4

Corrie v MacDermott [1914] UKPCHCA 4

On the construction of the grant and applicable legal principles, the proper valuation for resumption is the value to the grantee of their actual interest in the land, considering all restrictions and reservations, not the hypothetical fee simple or unrestricted value. The High Court's judgment confirming this principle is correct, and the appeal is dismissed.

Parties
Appellants / Plaintiffs: Leslie Gordon Corrie and James Grahame Vidgen, as trustees of the Acclimatization Society of Queensland; Respondent / Defendant: MacDermott
Jurisdiction
Australia
Judgment Date
14 July 1914
Procedural Posture
Appeal / Appeal to Privy Council From High Court of Australia
Outcome
appeal dismissed
Legal Topics
Valuation of Land, Crown Grant, Restrictions on Alienation, Public Purpose Resumption, Compensation for Resumed Land, Arbitration in Compensation
Property Law Compensation Law Valuation of Land Crown Grant Restrictions on Alienation Public Purpose Resumption Compensation for Resumed Land Arbitration in Compensation

Case Brief

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Parties

Leslie Gordon Corrie and James Grahame Vidgen, as trustees of the Acclimatization Society of Queensland

Appellants / Plaintiffs

MacDermott

Respondent / Defendant

Procedural Posture

Appeal / Appeal to Privy Council From High Court of Australia

Legal Issues

  1. 1 What is the correct basis for valuing land resumed by the Crown subject to restrictions and reservations in the Crown grant?
  2. 2 Is 'value' under the grant to be interpreted as value unrestricted or value as held by the grantee subject to restrictions?

Ratio Decidendi

On the construction of the grant and applicable legal principles, the proper valuation for resumption is the value to the grantee of their actual interest in the land, considering all restrictions and reservations, not the hypothetical fee simple or unrestricted value. The High Court's judgment confirming this principle is correct, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The judgment of the High Court is affirmed.