Attorney-General (NSW) v Williams [1915] UKPCHCA 1

19 C.L.R.] OF AUSTRALIA,

(PRIVY COUNCIL.]

THE ATTORNEY-GENERAL FOR NEW| oa. SOUTH WALES .. J :

AND

WILLIAMS . c ' ' . , 3 RESPONDENT. ON APPEAL FROM THE HIGH COURT.

Crown Lands—Dedication to public use—Public trust—Alteration of use—New South Wales Constitution Act 1855 (18 & 19 Vict. c. 54), sec. II.

Practice—Parties—Action to enforce right of Crown of United Kingdom—Claims against the Government and Crown Suits Act 1912 (N.S. W.) (No. 27 of 1912), sees. 3, 4.

Prior to the New South Wales Constitution Act 1855 and up to the year 1900 Government House, Sydney, and the land on which it stands were used by the Crown for a residence for the Sovereign's representative in New South Wales.

Held, that they were not dedicated to the use of the public or appropriated by way of charitable trust in such a way as to confer upon the general com- munity, either of New South Wales or of the United Kingdom, any right against the Crown to have them used for that purpose.

Held, also, that whether the land was or was not 'waste land of the Crown" within the meaning of the Constitution Act 1855, the Governor with the advice of the Executive Council might, saving the rights of the Crown of the United Kingdom, put the house and land to other uses.

An action having been brought under the provisions of the Claims against the Government and Crown Suits Act 1912 by the Attorney-General for New South Wales on the relation of certain persons against a nominal defendant as representing the Government of New South Wales, alleging that the land in question belonged to the King in his Imperial right, and was impressed with

{_* Present-—Viscount Haldane L.C., Lord Shaw, Lord Parker of Waddington, Lord Sumner, and Sir Joshua Williams.

Privy Counctt.*

1915. Sw Jan. 25.

Privy Counert.

1915. ee

ATTORNEY-

GENERAL FoR New Sourn WALES wv.