Krakouer v State of Western Australia

The High Court of Australia considered the appeal of Mr Krakouer against the State of Western Australia. The dispute concerned the validity of a notice issued under section 124 of the *Land Act 1933* (WA) which purported to grant the appellant a lease over certain Crown land. The appellant contended that the notice was invalid and that he was entitled to possession of the land.

The central legal issue before the High Court was whether the notice issued under section 124 of the *Land Act 1933* (WA) was a valid exercise of the power conferred by that section. This required the Court to determine the proper construction of section 124 and whether the conditions precedent to the exercise of the power had been satisfied. Specifically, the Court had to consider whether the Minister had formed the necessary opinion that the land was required for a public purpose and whether the notice adequately reflected this.

The Court held that the notice was invalid. Their Honours reasoned that section 124 required the Minister to form a genuine opinion that the land was required for a public purpose before issuing the notice. The notice, as issued, did not demonstrate that such an opinion had been formed, nor did it specify the public purpose for which the land was required. The Court applied the principle that statutory powers must be exercised in accordance with the conditions and limitations prescribed by the statute. As the notice failed to meet these requirements, it was deemed to be beyond the power conferred by section 124.

Consequently, the High Court allowed the appeal, set aside the orders of the Full Court of the Supreme Court of Western Australia, and ordered that the appellant be put in possession of the land.