Boxall v Sly [1911] HCA 6

Boxall v Sly [1911] HCA 6

The Closer Settlement (Amendment) Act 1907 permits the Crown to proceed under sec. 5 after a sec. 4 notification and the deduction of any added value due to the construction or proposed construction of a railway is mandatory in assessing compensation; no vested rights in the landowner are infringed by this statutory scheme.

Parties
Appellant: William Henry Boxall; Appellant: Ivie James Sloan; Respondents: The Hon. Richard Meares Sly, Charles Edward Webb, Edward Johnston Sievers, The Hon. Samuel Wilkinson Moore (Secretary for Lands), and The Hon. Charles Gregory Wade (Attorney-General for New South Wales)
Jurisdiction
Australia
Judgment Date
31 March 1911
Procedural Posture
Appeals / Appeal From Supreme Court of New South Wales
Outcome
Appeal dismissed.
Legal Topics
Compulsory Land Acquisition, Closer Settlement, Statutory Construction, Valuation of Land, Public Vs Private Rights
Administrative Law Land Law Statutory Interpretation Compulsory Land Acquisition Closer Settlement Statutory Construction Valuation of Land Public Vs Private Rights

Case Brief

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Parties

William Henry Boxall

Appellant

Ivie James Sloan

Appellant

The Hon. Richard Meares Sly, Charles Edward Webb, Edward Johnston Sievers, The Hon. Samuel Wilkinson Moore (Secretary for Lands), and The Hon. Charles Gregory Wade (Attorney-General for New South Wales)

Respondents

Procedural Posture

Appeals / Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the Crown could issue a further proclamation under sec. 5 of the Closer Settlement (Amendment) Act 1907 after a notification under sec. 4 for the same land;
  2. 2 Whether the 'added value' due to the construction of the Cowra-Canowindra Railway should be excluded from compensation payable to the landowner under sec. 5.

Ratio Decidendi

The Closer Settlement (Amendment) Act 1907 permits the Crown to proceed under sec. 5 after a sec. 4 notification and the deduction of any added value due to the construction or proposed construction of a railway is mandatory in assessing compensation; no vested rights in the landowner are infringed by this statutory scheme.

Court Disposition

Appeal dismissed.

Orders

  • Judgment of the Supreme Court affirmed.
  • Appeal in both cases dismissed.