NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Transport Infrastructure Development Corp. v Parramatta City Council [2005] NSWLEC 742
APPLICANT: Transport Infrastructure Development Corp.
PARTIES : RESPONDENT: Parramatta City Council
FILE NUMBER(S) : 40835 of 2005
CORAM: Bignold J
Injunctions and Declarations :- whether land vested in the Council and used as public car park was relevantly "land subject to a trust for a public purpose" and hence deemed to be classified as "community land". KEY ISSUES:
LEGISLATION CITED: Local Government Act 1993, cl 6 of Schedule 7
Attorney General (NSW v Parramatta City Council (1949) 49SR (NSW) 283;; Bathurst City Council v PWC Properties Pty Ltd (1997) 93 LGERA 391; CASES CITED: Bathurst City Council v PWC Properties Pty Ltd (1998) 100 LGERA 383; Brisbane City Council v Attorney General (Qld) (1978) 40 LGERA 314; Jones v Sutherland Shire Council (1979) 40 LGRA 323
DATES OF HEARING: 02/12/2005
DATE OF JUDGMENT: 12/23/2005
APPLICANT: Mr R Lancaster, Barrister SOLICITORS Clayton Utz LEGAL REPRESENTATIVES:
RESPONDENT: Dr J Griffiths, Barrister with Mr P Clay, Barrister SOLICITORS Home Wilkinson Lowry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BIGNOLD J
23 December 2005
40835 of 2005 TRANSPORT INFRASTRUCTURE DEVELOPMENT CORPORATION V PARRAMATTA CITY COUNCIL
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