Johnston v Commonwealth

The High Court of Australia considered the case of *Johnston v Commonwealth*. The dispute concerned the validity of a notice issued under section 6 of the *Lands Acquisition Act 1906* (Cth) (the Act) to acquire certain land. The applicant, Johnston, sought to challenge the validity of this notice.

The central legal issue before the Court was whether the notice of acquisition was invalid because it was issued for a purpose that was not authorised by the Act. Specifically, the Court had to determine if the Commonwealth's stated purpose for acquiring the land, namely for "public purposes," was sufficiently specific and genuine, or if it was a pretext for an ulterior motive.

The Court reasoned that the *Lands Acquisition Act 1906* (Cth) conferred power on the Commonwealth to acquire land for public purposes. However, this power was not unfettered and could not be exercised for an improper or unauthorised purpose. The Court examined the evidence presented to ascertain the true purpose behind the acquisition. It was found that the Commonwealth's stated purpose was not the sole or dominant purpose for the acquisition, and that there was an ulterior purpose which was not authorised by the Act. Consequently, the notice of acquisition was held to be invalid.

The High Court ordered that the notice of acquisition be quashed.