F & D Bonaccorso Pty Ltd v City of Canada Bay City Council [2007] NSWLEC 159

Land and Environment Court of New South Wales

CITATION : F & D Bonaccorso Pty Ltd v City of Canada Bay City Council [2007] NSWLEC 159

APPLICANT: F & D Bonaccorso Pty Ltd

FIRST RESPONDENT: City of Canada Bay City Council

SECOND RESPONDENT: Arinson Pty Ltd PARTIES : THIRD RESPONDENT: Omaya Holding Pty Ltd

FOURTH RESPONDENT: Omaya Investments Pty Ltd

FIFTH RESPONDENT: The Registrar General

FILE NUMBER(S) : 40134 of 2003

CORAM: Biscoe J

KEY ISSUES: Judicial Review :- Real Property - council powerless to transfer community land under s 45 Local Government Act 1993 - whether land sold and transferred by council was community land - whether registration of transfer contravened ss 44 or 45 of Local Government Act 1993 - whether irreconcilable conflict between ss 44 or 45 of Local Government Act 1993 and indefeasibility provisions of Real Property Act 1900 - whether ss 44 or 45 override indefeasibility provisions of Real Propery Act 1900 - whether Land and Environment Court has power to order rectification of Register so as to again show council as registered proprietor - discretion - invalidity of development consent where development application not advertised as reuqired by law

Environmental Planning and Assessment Act 1979 ss 68, 100, 123, 124 Land and Environment Court Act 1979 ss 20, 25B, 71 LEGISLATION CITED: Local Government Act 1993 ss 25, 26, 27, 44-47, 672, 674, 676, clause 6 of Schedule 7 Real Property Act 1900 ss 31A(4), 31A(5), 41; 42; 43A Aboriginal Land Rights Act 1983 s 40 National Parks and Wildlife Act 1974 s 40(1)