Baiada v Baulkham Hills Shire Council [1951] HCA 70

t State Ba Hee. Haglis Yetta é RS 344 HIGH COURT [198

{HIGH COURT OF AUSTRALIA.)

BAIADA . Sans pete A . APPELLA PLAINtiFy, AND

ANOTHER . . af DEFENDANTS,

BAULKHAM HILLS SHIRE COUNCIL 0

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Resumption of Land—Statutory power—* Purposes" of statute—Necessily

1951 " Improvement and embellishment of the area" —Notification in the Goi

Ww Gazette—Conclusiveness—Statute—Operation—Local Government Act 1919-19% SyDNEY, (V.S..) (No. 41 of 1919—No. 9 of 1950), #3. 321 (d), 532, 536—Local Nov. 16. 'ment (Amendment) Act 1951 (N.S.W.) (No. 18 of 1951).

Dixon, Unless a resumption of land by a council is in truth for a purpose or "rp Meine," of the Local Government Act 1919-1950, within the meaning of s. 632 of thi ae Act, the publication in the Government Gazette of a notification th land has been resumed is not conclusive. 4

Motor Wheel & Tyre Co. Ltd. v. Commissioner for Railways, (1950) 50

(N.S.W.) 205; 67 W.N. 166, referred to. ae Decision of the Supreme Court of New South Wales (Roper C.J. in ¥ reversed. ;

AppeaL from the Supreme Court of New South Wales. Hl

Celestino Baiada, by way of statement of claim dated 3rd 1948, brought a suit in the equitable jurisdiction of the Court of New South Wales against the Council of the Shi Baulkham Hills and the Minister for Public Works, in whic claimed an injunction, declarations and orders in respect of cel land.

or parcel of land situate in the Shire of Baulkham Hills, having an of 175 acres 1 rood 22 perches, and being the whole of the d comprised in certificate of title, vol. 1113, fol. 160.

. The defendant the Council of the Shire of Baulkham Hills now and has at all material times been duly incorporated under provisions of the Local Government Act 1919-1946 (N.S.W.) nd is liable to be sued in its said corporate name.