Leppington Pastoral Co Pty Ltd v Department of Administrative Services

Leppington Pastoral Co Pty Ltd appealed against the decision of the Federal Court of Australia in respect of the acquisition of land by the Department of Administrative Services. The primary legal issue was whether the pre-acquisition declaration contained a statement within the meaning of Section 22(5) of the Lands Acquisition Act 1989, and if so, whether the practical result of that finding was to exclude from any review certain matters enumerated in Sections 31(1)(b)(i) and (iv), 31(1)(d), 31(1)(f), and 31(1)(g) of the Act. The court was tasked with determining the meaning of "policy" within the context of the Act, specifically whether the stated policy of acquiring land of which the subject land was a part constituted a valid policy under the Act.

The court found that the pre-acquisition declarations did contain a statement within the meaning of Section 22(5) of the Lands Acquisition Act 1989, thereby confirming the applicant's assertion. The court held that the practical result of this finding was to exclude from any review the matters enumerated in Sections 31(1)(b)(i) and (iv), 31(1)(d), 31(1)(f), and 31(1)(g) of the Act. Consequently, the court dismissed the appeal and ordered that each party pay its own costs. Furthermore, the questions posed in the Special Case were answered in the affirmative, with the court ruling that the pre-acquisition declaration contained a statement within the meaning of Section 22(5) of the Act and that the practical result of that finding was to exclude from any review the specified matters. The respondent was ordered to pay the applicant's costs of the Special Case.