Dore & Ors v Penny

[2006] QSC 125

Supreme Court of Queensland

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Prerogative orders
4. › Power to dismiss application
5. › Whether application has no reasonable basis
6. › Judicial Review Act 1991 (Qld), ss 43, 48
1. Real Property
2. › General principles
3. › Incidents of estates and interests in land
4. › Estates in fee simple
5. › Whether fee simple is a species of freehold estate
6. › Whether freehold land for purposes of Integrated Planning Act 1997 (Qld) and Land Act 1994 (Qld)
1. Real Property
2. › Crown grants
3. › Nature of Deed of Grant
4. › Whether statutory grant or contract with the Sovereign
5. › Land Act 1910 (Qld), s 6(1)
1. Constitutional Law
2. › State legislative power
3. › Power over land
4. › Whether Queensland statutes regulating vegetation clearing inconsistent with Commonwealth laws
5. › Constitution, s 107

Quick Take

A Deed of Grant of Crown land in Queensland is a statutory grant pursuant to the Land Act, not a contract with the Sovereign, and confers no immunity from subsequent state legislation. An estate in fee simple is a species of freehold estate, and references to 'freehold land' in Queensland statutes such as the Integrated Planning Act 1997 and Land Act 1994 encompass land held in fee simple.