Kriticos v State of NSW

The applicants, Mr and Mrs Kriticos, sought to restrain the State of New South Wales from proceeding with the resumption of their land, which was required for the construction of a public road. The applicants contended that the resumption was invalid because the Minister for Lands had not been properly authorised to exercise the power of resumption under the relevant legislation. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the delegation of the Minister's power to resume land was validly exercised. Specifically, the court had to determine if the officer who signed the resumption notice had the requisite authority to do so, given the terms of the delegation and the relevant provisions of the *Public Works Act 1912* (NSW) and the *Interpretation Act 1897* (NSW).

The High Court held that the delegation of the Minister's power was valid. Their Honours applied the principles of statutory interpretation concerning the delegation of powers. They found that the relevant legislation permitted the Minister to delegate his powers, and that the delegation to the Under Secretary was effective. The court concluded that the Under Secretary, acting under that delegation, had the authority to sign the resumption notice, and therefore the resumption was valid. The applicants' application for an injunction was dismissed.