Citation(s) (1949) 80 CLR 382 Subsequent action(s) none Ruling court High Court of Australia | Prior action(s) none Date decided December 21, 1949 | |
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Full case name P J Magennis Pty Ltd v The Commonwealth Judge(s) sitting Latham CJ, Rich, Dixon, McTiernan, Williams and Webb JJ | ||
P J Magennis Pty Ltd v Commonwealth (1949) 80 CLR 382 is a High Court of Australia case that deals with the Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51(xxxi) of the Australian Constitution.
The Commonwealth government wished to purchase land for resettlement after World War II. Because the States are not required to acquire property on just terms, the Commonwealth government entered into a deal with the New South Wales government, which would purchase the land for a lower price. The Commonwealth government would then pay the New South Wales government in the form of a grant (section 96)
The majority characterised the law as being one of acquiring real property, instead of the grants power.
Consequently, the law was amended to remove references to the acquisition of property. This resulted in the later case of Pye v Renshaw.