Wheeler v War Veterans' Home [1953] HCA 29

Wheeler v War Veterans' Home [1953] HCA 29

Even if preliminary steps towards the resumption of land were taken in contravention of s. 118 while the statutory protection was in force, the notification of resumption after expiration of the protection was valid and effective; and, because rights were acquired bona fide and without notice, and the statute does not provide retrospective effect for orders of invalidation, no order to invalidate the acquisition or preliminary steps should be made.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['compulsory Acquisition' 'war Service Moratorium' 'beneficial Interests in Land' 'validity of Statutory Procedures']
['administrative Law' 'property Law' 'statutory Interpretation'] ['compulsory Acquisition' 'war Service Moratorium' 'beneficial Interests in Land' 'validity of Statutory Procedures']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether steps taken for the compulsory acquisition of land contravened s. 118 of the Re-establishment and Employment Act 1945-1952' 'Whether preliminary proceedings can be invalidated following the expiry of protection under s. 118' 'Whether invalidating preliminary steps affects the validity of a later resumption of land' 'Whether bona fide rights acquired without notice prevent an order of invalidation under s. 130(2)']

Ratio Decidendi

Even if preliminary steps towards the resumption of land were taken in contravention of s. 118 while the statutory protection was in force, the notification of resumption after expiration of the protection was valid and effective; and, because rights were acquired bona fide and without notice, and the statute does not provide retrospective effect for orders of invalidation, no order to invalidate the acquisition or preliminary steps should be made.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Suit dismissed with costs.']