Minister for Works (WA) v Gulson

The Minister for Works for Western Australia (the appellant) appealed to the High Court of Australia from a decision of the Supreme Court of Western Australia. The dispute concerned the recovery of possession of a dwelling owned by the State of Western Australia and let to W. T. Gulson (the respondent). The Minister sought possession of the dwelling, but the respondent argued that the Minister was bound by the National Security (Landlord and Tenant) Regulations and had failed to comply with their provisions regarding termination of tenancies and recovery of possession.

The central legal issue before the High Court was whether the National Security (Landlord and Tenant) Regulations, made under the Commonwealth's defence power, bound the Crown in right of a State. Specifically, the court had to determine if the Regulations, which were expressed in general terms and did not expressly mention the Crown or States, applied to a State government acting as a lessor.

A majority of the High Court, comprising Rich, Starke, and Williams JJ., held that the National Security (Landlord and Tenant) Regulations did not bind the Crown in right of a State. Rich and Williams JJ. reasoned that an intention to bind the Crown was not evident in the Regulations, either through express words or necessary implication. Starke J. reached the same conclusion based on his construction of the Regulations. In dissent, Latham C.J. and McTiernan J. rejected the proposition that there is a general rule of construction for Commonwealth statutes that presumes they do not bind the Crown in right of the States unless expressly stated or necessarily implied. The decision of the Supreme Court of Western Australia was reversed.