Mandurah Enterprises Pty Ltd v Western Australian Planning Commission

Real property – Compulsory acquisition - Parts of various lots reserved under town planning scheme for Primary Regional Roads - Whole lots subsequently acquired for purpose of railways and primary regional roads - Whether land reserved for one purpose could be acquired for another purpose - Whether valid acquisition under s 13 of Town Planning and Development Act 1928 (WA) - Whether valid acquisition under s 161 of Land Administration Act 1997 (WA) ("Land Act").

Real property – Compulsory acquisition - Section 161 of Land Act provided that acquisition must be for purposes of public work - Portions of lots cut off from access to public roads by railway - Whole lots acquired to avoid statutory obligation to construct crossings - Whether acquisition incidental to purposes of public work - Whether compulsory acquisition of whole lots valid - Whether severance possible where same taking order effected both valid and invalid acquisitions.

Words and phrases – "for the purpose of a town planning scheme", "for the purposes of the work", "public work", "railway purposes".

Land Administration Act 1997 (WA) – ss 161, 177, 179.

Public Works Act 1902 (WA) – s 95.

Town Planning and Development Act 1928 (WA) – s 13(1).