High Court of Australia
424 HIGH COURT
[HIGH COURT OF AUSTRALIA.)
THE MINISTER FOR PUBLIC WORKS j AND LOCAL GOVERNMENT (N.S.W.) | Appen AND THE COUNCIL OF THE MUNICI- | PALITY OF KOGARAH. DEFENDANTS, AND
DUGGAN AND OTHERS $ 3 : . ResronpEn PLAINtIFEFs,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Resumption and Acquisition of Land—Resumption under statutory powe
H.C. or A. ; ra Government—Council—T'own-planning—* Improvement and embellishn : the area" —Parks—New roads—Acquisition of more land than n
Sypvey, Surplus land—Proposed re-sale at profit to reduce cost of new road—Imp
May 34,7; Purpose—Damage to owners—Injunction—Local Government Act 1919 June 8. (N.8.1.) (No. 41 of 1919—No. 44 of 1948), #3. 121, 235, 321 (a) (b) (d) 348 (1), 477, 496, 4964, 5184, 532, 535, 536. An application was made by a council under s. 536 of the Local Gove Act 1919-1948 (N.S.W.) to the Minister for Public Works and Local Go
Dixon, Williams and Kitto JJ.
'The Council proposed to construct a park and a new road on the certain mangrove swamps to be reclaimed and on the foreshores of Os Bay to be acquired, principally, by resumption. 'Lands so acquired and kn to be in excess of the actual requirement were to be re-subdivided and 1 for building lots and the proceeds applied towards the cost of the
the Local Government Act was amended by omitti 321, 322 and inserting a new s, 321. By the same Act an amen was
'The effect of these amendments is to confer on councils power which Court in this case has held they did not possess prior to the date of the amé
. [Epiror's Nore.—By Act No. 46 of 1951 assented to on 10th D ment. By s. 2 (2) Act No. 46 of 1951 has a limited retrospective op
? LR.) OF AUSTRALIA.
excess of the actual requirement, in order that upon re-subdividing that jand, the Council might re-sell it and apply the proceeds towards the cost of the scheme. '
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