NSW Caselaw
Reported Decision : 179 LGERA 302
Land and Environment Court of New South Wales
CITATION : Adams & Anor v Great Lakes Council & Anor (No 3) [2010] NSWLEC 224 This decision has been amended. Please see the end of the judgment for a list of the amendments.
FIRST APPLICANT Peter Adams SECOND APPLICANT PARTIES : Minister Administering the Crown Lands Act 1989 FIRST RESPONDENT Great Lakes Council SECOND RESPONDENT Gregory James Harrison
FILE NUMBER(S) : 40288 of 2009
CORAM: Pain J
KEY ISSUES: CONSTRUCTION AND INTERPRETATION :- whether court should confirm preliminary finding that certain land was Crown road transferred to council - preliminary finding reversed - land did not become Crown road on Crown and Other Roads Act 1990 coming into force and was not transferred to council
Crown and Other Roads Act 1990 s 3, s 34, s 36, Sch 2 cl 5 Crown Lands Consolidation Act 1913 Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 s 25B Public Roads Act 1902 (repealed) s 6, s 12, s 18, s 32, s 33 Real Property Act 1900 Roads Act 1993 s 4, s 12, s 145(2), s 151, Sch 2 cl 56, Sch 2 cl 2(b)
CASES CITED: Adams v Great Lakes Council & Anor (No 2) [2010] NSWLEC 37 Barclay Homes (Australia) Pty Ltd v Fair Trading Tribunal and Anor [2001] NSWSC 711
DATES OF HEARING: 2 August 2010
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