15 Apr 2009
HALL V THE ATTORNEY-GENERAL HC AK CIV-2008-404-7172
- Citation
- openlaw-7f8d6076_b21b_4f04_9348_1282fe850d96.pdf
- Court
- High Court
The statutory offer-back right under s40 PWA vests when the s40(1) conditions are satisfied and is sufficiently certain to support a caveat; where land (or part) remains surplus and the chief executive has not validly exercised the s40(2) discretion to extinguish the right, the caveat must be sustained for that land. Conversely, where another public authority (DoC) requires the land under s40(1)(b) the caveat lapses as to that land.
- Offer-back rights under public works act s40
- Caveats and land transfer act s137
- Waiver of statutory rights
- Delay and abandonment of statutory rights
- Chief executive discretion under s40(2)