Federal Capital Commission v Laristan Building and Investment Co Pty Ltd

The Federal Capital Commission (the Commission) commenced an action in the original jurisdiction of the High Court against Laristan Building and Investment Co Pty Ltd (the defendant), a lessee of land in Canberra. The Commission sought to recover charges imposed by regulation for kerbing and guttering streets adjacent to the defendant's land. The action was initiated before the commencement of the Judiciary Act 1927.

The primary legal issues before the court were: first, whether the High Court possessed jurisdiction to hear the matter, particularly in light of the timing of the action relative to the Judiciary Act 1927 and the provisions of the Seat of Government Acceptance Act 1909; and second, the validity of the Roads and Footpaths Regulations 1927, under which the charges were levied, and consequently, the validity of the Building and Services Ordinance 1924-1928 that purported to authorise these regulations.

Dixon J. held that the High Court had jurisdiction to hear the action under section 8 of the Seat of Government Acceptance Act 1909, as the Judiciary Act 1927 had not yet been proclaimed. Regarding the substantive claim, his Honour found that the Building and Services Ordinance, which was made under section 12 of the Seat of Government (Administration) Act 1910, was repugnant to the provisions of the Seat of Government (Administration) Act 1924-1928. Specifically, the Governor-General in Council could not confer powers through an ordinance under section 12 of the 1910 Act that were inconsistent with the later 1924-1928 Act, which established the Commission and regulated its powers. Consequently, the Roads and Footpaths Regulations, purportedly made under the Building and Services Ordinance, were void.

The plaintiff's claim was therefore dismissed with costs.