Pye v Renshaw
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| Pye v Renshaw | |
|---|---|
High Court of Australia |
|
| Date decided | 8 October 1951 |
| Full case name | Pye v Renshaw |
| Citations | (1951) 84 CLR 58 |
| Judges sitting | Dixon CJ, Williams, Webb, Fullagar, and Kitto JJ |
| Case history | |
| Prior actions: | none |
| Subsequent actions: | none |
| Case opinions | |
| (5:0) The grant was held to be within power (per Dixon CJ, Williams, Webb, Fullagar & Kitto JJ) | |
Pye v Renshaw (1951) 84 CLR 58 is a High Court of Australia case that deals with the affect of section 51(xxxi) (the Commonwealth's power to acquire property on just terms) on section 96 (the grants power).
This case followed from P J Magennis Pty Ltd v Commonwealth, which held that a Commonwealth law to purchase land via the New South Wales government was invalid. The Commonwealth amended the law, such that the reference to acquisition of land was removed.
The Court held that the law was valid; thus, the Commonwealth was able to get around the restrictions in section 51(xxxi) by ensuring that the law could not be characterised as land acquisition. Hence, section 51(xxxi) does not restrict the section 96 grants power.
[edit] See also
[edit] References
- Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.
