![]() ![]() ![]() “It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste and, for all practical purposes of ownership, it differs from the absolute dominion of a chattel, “Allodium being wholly unknown to English law, the latter distinction would in fact have no meaning.” “A fee simple is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law.” “In the language of the English law, the word fee signifies an estate of inheritance as distinguished from a less estate not, as in the language of the feudists, a subject of tenure as distinguished from an allodium.” 9, 1923 33 CLR 1 Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:- (1920) 33 CLR 1 at 42 THE COMMONWEALTH OF AUSTRALIA PLAINTIFF AGAINST THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS 1920-1923: SYDNEY, Dec. (9 August 1923) HIGH COURT OF AUSTRALIA KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ. Commonwealth v New South Wales HCA 34 (1923) 33 CLR 1 ![]()
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