Supreme Court - Trial Division

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Hammercall Pty Ltd v Minister for Transport & Main Roads & Ors [2015] QSC 114 (13/12318) Dalton J 12/05/2015

Full-text: QSC15-114.pdf

Catchwords

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the applicant submitted that their objections were not heard by an authorised delegate – where there were two notices of intention to resume issued – where there were two objection hearings in relation to the notices – where there was a factual question as to the position held by the individual who heard the objections – where s 7(3)(e)(iii) of the Acquisition of Land Act 1967 provided that objections may be heard by the constructing authority or its delegate – whether the individual who heard the objections was an authorised delegate under the Transport Planning and Co-ordination Act 1994 and the Acquisition of Land Act 1967

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – REFERENCE TO CONTEXT – where the applicant submitted that there were departures from the requirements of the Acquisition of Land Act 1967 – whether there was a legislative purpose to invalidate an act which failed to comply with the requirements of the Acquisition of Land Act 1967

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the applicant submitted that the Minister was not provided with the required information under s 9(3) of the Acquisition of Land Act 1967 – whether the application to the Minister met the requirements of s 9(3) of the Acquisition of Land Act 1967

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – WHOLE ACT TO BE CONSIDERED – whether the constructing authority under s 5(1)(a), (b) or (c) of the Acquisition of Land Act 1967

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – PURPOSE OF ACQUISITION – where the applicant relied upon the fact that the land to be resumed would be used for both State and local government controlled roads – where the applicant relied upon the fact that part of the land to be resumed may have been used for the construction of a road that would provide access to a proposed quarry – where the applicant submitted that the land was being resumed for the purpose of an electricity provider laying cables on the land – where the applicant submitted that the resumption was for a ‘future’ purpose – taking of the land for the ‘purposes of transport’ – whether the notice of resumption was issued for a proper purpose under the Acquisition of Land Act 1967

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – RIGHT TO BE HEARD – where the applicant relies upon the fact it did not have opportunity to reply to the written application to the Minister to take the land – whether the applicant was denied natural justice