THOMPSON & OTHERS V. THE COUNCIL OF THE MUNICIPALITY OF RANDWICK

o.12880/45

HE. Daw, Gor. Print, Melb.

IN THE HIGH COURT OF AUSTRALIA

'OMPSON & OTHERS

THE COUNCIL OF THE MUNICIPALITY —---RANDWIGK. sees

Judgment delivered at. STONEY

we

THOMPSON & ORS. ~ ve THE COUNCIL OF THE MUNICIPALITY OF RANDWICK

ORDER

Appeal allowed. Decree of the Supreme Court of New South Wales in Equity set aside. Order that the respondent, its servants and agents be restrained fron acquiring or attempting to acquire the lands of the respective plaintiffs by resumption pursuant to its resolution of 20th January 1948 and its application of 9th August 1948 under sec. 536 of the Local Government Act 1919, as amended.

Order the respondent to pay the costs of the

appellants of this appeal and of the proceedings in the

Supreme Court.

THOMPSON & ORS.

ve. THE SOUNCIL OF THE MUNICIPALITY OF RANDWICK

SZUDGMENT Williams J. Webb J. Kitto J.

THOMPSON & ORS. ve

THE COUNCIL OF THE MUNICIPALITY OF RANDWICK.

WI iS J. JUDGMENT nies 2

KITto J.

This is an appeal by the plaintiffs from a decree of the Supreme Court of New South Wales in Equity (Roper C.J. in Eq.) di smissing with costs a suit brought by them to obtain injunctions restraining the defendant Council from resuming certain lands whieh they own in the Municipality of Randwick for the purposes of a scheme resolved upon by the Council on 20th January 1948. The Council has applied to the Governor through the Minister under the provisions of secs. 532 and 536 of the Local Government Act 1919 as amended to have these lands resumed for the purposes of this scheme. The lands in question comprise a number of lots shown on an old plan of sub-division situated im an area in Coogee which is bounded on the north by Cairo Street, on the south by Pearce Street, on the east by Alexandria Parade, and on the west by Denning Street. The scheme provides for the construction of a new road running north and south midway between and parallel to Denning Street and Alexandria Parade. It also prevides for the clesing of the eastern end of Bloomfield Street and the whole of Wisdom Street. These two streets, which run east and west from Alexandria Parade to Denning Street between Cairo Street and Pearce Street, are not made roads but are two of the streets each 66' wide shown on the plan of sub-division of which the plaintiffs' lands form part. Alexendria Parade is also not yet constructed but the Council hopes that this will be done as part of a plen for building a marine drive along the ocean front. The . Council proposes to substitute the new road for the portion of Bloomfield Street proposed to be closed ana for Wisdom Street. The scheme provides for the re-subdivision of a number of allotments in