State of Queensland v Hammercall Pty Ltd & Anor

The Queensland Court of Appeal considered a dispute between the State of Queensland and Hammercall Pty Ltd and another party. The core of the disagreement concerned the validity of a notice issued by the State under section 22(1) of the *Acquisition of Land Act 1967* (Qld) to acquire land for a public purpose. Hammercall Pty Ltd challenged the notice, arguing it was invalid due to a failure to comply with the procedural requirements of the Act.

The primary legal issue before the Court was whether the notice of intention to resume land, issued by the State, was a valid exercise of power under the *Acquisition of Land Act 1967* (Qld). Specifically, the Court had to determine if the notice satisfied the requirement that it be given for a "public purpose" as defined by the Act, and whether the State had acted in good faith in issuing the notice.

McHugh and Callinan JJ found that the notice was invalid. Their Honours reasoned that the State had not genuinely formed the opinion that the land was required for a public purpose. Instead, the evidence indicated that the decision to acquire the land was influenced by extraneous considerations, namely the desire to prevent a particular development by Hammercall Pty Ltd. This failure to act in good faith meant the notice was not a valid exercise of the power conferred by the Act.

Consequently, the Court allowed the appeal, quashed the notice of intention to resume the land, and ordered that the State of Queensland pay the costs of Hammercall Pty Ltd.