Webb Distributors (Aust) Pty Ltd v Victoria

Webb Distributors (Aust) Pty Ltd (the appellant) appealed to the High Court of Australia from a judgment of the Supreme Court of Victoria. The dispute concerned the validity of a notice issued by the respondent, the State of Victoria, under section 10(1) of the *Land Acquisition and Compensation Act 1986* (Vic) (the Act), which purported to acquire certain land owned by the appellant. The appellant contended that the notice was invalid because it was not issued in accordance with the requirements of the Act.

The High Court was required to determine whether the notice of acquisition was validly issued under section 10(1) of the *Land Acquisition and Compensation Act 1986* (Vic). Specifically, the Court had to consider whether the notice satisfied the procedural requirements of the Act, particularly in relation to the authorisation for the acquisition and the manner in which the notice was served.

The Court held that the notice of acquisition was invalid. Mason CJ, Deane, Dawson, Toohey and McHugh JJ found that the notice failed to comply with the mandatory requirements of section 10(1) of the Act. Their Honours reasoned that the notice did not demonstrate that the acquisition had been duly authorised by the Governor in Council, as required by the Act. Furthermore, the Court found that the notice had not been served in the manner prescribed by the Act, which rendered it ineffective. The appeal was therefore allowed.