Durham Holdings Pty Ltd v. New South Wales
Australia High Court
(2001) 205 CLR 399, 177 ALR 436 (2001)
- Written by Curtis Parvin, JD
Facts
Durham Holdings Pty Ltd (Durham) (plaintiff) owned lands in New South Wales (NSW) (defendant) that were rich with coal deposits. The Coal Acquisition Act 1981 (the act) required the transfer of Durham’s coal interests to NSW, subject to compensation payable to Durham. Under the original act, Durham would receive full compensation of more than $93 million. However, the NSW government amended the act to diminish the compensation rights of certain individuals and classes at far below the coal’s fair market value, leaving Durham with compensation of $23.23 million. Durham sued NSW in the NSW supreme court, asserting that the amended act was beyond the legislature’s purview and that a presumption that the legislature did not intend to take property without just compensation existed. Durham also argued that the acquisition of property without compensation was unconstitutional. The NSW appellate court dismissed Durham’s claim, and Durham appealed to the Australia High Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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