P J Magennis Pty Ltd v Commonwealth
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| P J Magennis Pty Ltd v Commonwealth | |
 |
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| High Court of Australia | |
| Full case name | P J Magennis Pty Ltd v The Commonwealth |
|---|---|
| Date decided | 21 December 1949 |
| Citations | (1949) 80 CLR 382 |
| Judges sitting | Latham CJ, Rich, Dixon, McTiernan, Williams and Webb JJ |
| Case history | |
| Prior actions: | none |
| Subsequent actions: | none |
| Case opinions | |
| (4:2) The law is invalid for not acquiring property on just terms (per Latham CJ, Rich, Williams & Webb JJ; Dixon & McTiernan dissenting) | |
P J Magennis Pty Ltd v Commonwealth (1949) 80 CLR 382 is a High Court of Australia case that deals with the Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51(xxxi) of the Australian Constitution.
The Commonwealth government wished to purchase land for resettlement after World War II. Because the States are not required to acquire property on just terms, the Commonwealth government entered into a deal with the New South Wales government, which would purchase the land for a lower price. The Commonwealth government would then pay the New South Wales government in the form of a grant (section 96)
The majority characterised the law as being one of acquiring real property, instead of the grants power.
Consequently, the law was amended to remove references to the acquisition of property. This resulted in the later case of Pye v Renshaw.
[edit] See also
[edit] References
- Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.
