Leppington Pastoral Company Pty Ltd v Commonwealth of Australia
[1997] FCA 29976 FCR 318
(Judgment by: JENKINSON J)
Between: Leppington Pastoral Company Pty Ltd - Applicant
And: Commonwealth of Australia - Respondent
Judges:
JENKINSON JBEAUMONT J
LEHANE J
Judgment date: 29 APRIL 1997
SYDNEY
Judgment by:
JENKINSON J
I have had the advantage of reading in draft the reasons for judgment of Beaumont J. I agree in the orders which his Honour proposes and, with one qualification, in those reasons.
Beaumont J. understands the words in clause 5(b)(i) of the Deed, "the Company's buildings, plant, equipment and other material presently located on the acquisition land ('the Farm Buildings') necessary for the Company's operation as are manifest at the acquisition date", as indicating things which are both necessary for the Company's operations and manifest at the acquisition date. The alternative construction - that the words indicate things necessary for those of the Company's operations as are manifest at that date - does not in my opinion require an answer to any of the questions different from that which his Honour proposes. Without making a concluded choice between the two constructions, I concur in the answers proposed by his Honour.