Scurr v Brisbane City Council

The High Court of Australia considered an appeal by Scurr against a decision of the Supreme Court of Queensland concerning the validity of a notice issued by the Brisbane City Council under the *Acquisition of Land Act 1967* (Qld). The dispute centred on the Council's purported acquisition of land owned by Scurr, which was intended for a public purpose, namely the construction of a new road. Scurr challenged the validity of the acquisition notice, alleging it was issued for an improper purpose.

The primary legal issue before the High Court was whether the Brisbane City Council had acted *ultra vires* in issuing the notice of acquisition. Specifically, the Court had to determine if the Council's stated purpose for acquiring the land, the construction of a new road, was a genuine public purpose or if it was a sham, masking an ulterior motive. This involved an examination of the Council's decision-making process and the evidence presented regarding its intentions.

The Court analysed the evidence concerning the Council's resolution to acquire the land and the surrounding circumstances. It was held that the Council's stated purpose of constructing a new road was a valid public purpose under the relevant legislation. The Court found no evidence to support the assertion that the acquisition was for an improper or ulterior purpose, concluding that the Council had acted within its statutory powers. The appeal was therefore dismissed.