Walsh v Minister for Lands for NSW

The High Court of Australia considered the dispute between Walsh and the Minister for Lands for New South Wales concerning the validity of a proclamation made under the *Public Works Act 1912* (NSW). The proclamation declared certain land, including that owned by Walsh, to be a public work. Walsh challenged the proclamation, alleging it was invalid due to a lack of good faith in its making.

The central legal issue before the Court was whether the Minister's proclamation was rendered invalid by reason of bad faith, specifically, whether the Minister had acted with an ulterior purpose or for a reason other than that for which the power to proclaim land as a public work was conferred by the *Public Works Act 1912* (NSW). The Court was required to determine the scope of the power to proclaim land for public works and the circumstances under which such a proclamation could be impugned on grounds of bad faith.

The Court held that the power to proclaim land as a public work under the *Public Works Act 1912* (NSW) was a discretionary power that could be exercised for the purpose of acquiring land for a public work. However, this power was not unfettered and could be invalidated if exercised in bad faith. The Court found that the evidence did not establish that the Minister had acted in bad faith. The proclamation was made for the purpose of acquiring land for a public work, and the Minister's belief that the land was necessary for that purpose was sufficient to support the validity of the proclamation, even if other considerations may have also been present in the Minister's mind. The Court applied the principle that a discretionary power will not be invalidated merely because the authority exercising it was influenced by considerations that were not the sole or dominant reason for its decision, provided the power was exercised for the statutory purpose.

The High Court dismissed the appeal, upholding the validity of the proclamation.