Mandurah Enterprises Pty Ltd v Western Australian Planning Commission

Mandurah Enterprises Pty Ltd sought to challenge the validity of a compulsory acquisition order issued by the Western Australian Planning Commission. The primary dispute was whether the land taken was for a proper purpose and whether more land was taken than necessary for railway purposes. Additionally, the court had to determine the availability of the doctrine of severance, and whether the doctrines of approbation and reprobation and election existed and, if so, what their scope was. The case was heard by the Supreme Court of Western Australia.

The legal issues before the court included whether the compulsory acquisition order was valid, whether the land taken was for a proper purpose, and if more land was taken than necessary for the railway. The court also needed to determine if the doctrine of severance was available, and if the doctrines of approbation and reprobation and election existed and, if so, what their scope was. Furthermore, the court had to consider whether the principle in Kurtovic applied by analogy to render these doctrines inapplicable.

The court found that the compulsory acquisition order was valid, and that the land taken was for a proper purpose. The court held that the doctrine of severance was not available in this case. It also found that there was an independent doctrine of approbation and reprobation, distinct from the doctrine of election, and that the knowledge required for the doctrine of election was not applicable to the independent doctrine. The court held that the elements of the doctrines of approbation and reprobation or election were not satisfied, and that the Kurtovic principle did not apply by analogy to render these doctrines inapplicable.

The court dismissed the appeal, save in relation to the zoned portion of Lot 30. The notice of contention was also dismissed.