Adams v Great Lakes Council [2010] NSWLEC 14

Land and Environment Court of New South Wales

CITATION : Adams v Great Lakes Council [2010] NSWLEC 14

APPLICANT Peter Wesley Adams PARTIES : FIRST RESPONDENT Great Lakes Council SECOND RESPONDENT Gregory James Harrison

FILE NUMBER(S) : 40288 of 2009

CORAM: Pain J

KEY ISSUES: EVIDENCE :- whether certificate of status of land is admissable in proceedings - application of Crown Lands Act 1989 s 177(2)

Crown Lands Act 1989 s 177 Environmental Planning and Assessment Act 1979 s 78 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 r 49 Local Government Act 1993 Real Property Act 1900

DATES OF HEARING: 5 February 2010

EX TEMPORE JUDGMENT DATE : 5 February 2010

APPLICANT Mr I Latham SOLICITOR Adams Raves Marsh & Co

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr I Hemmings SOLICITOR Malik Rees Lawyers SECOND RESPONDENT Submitting appearance SOLICITOR Sattler & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

5 February 2010

40288 of 2009

Adams v Great Lakes Council

EX TEMPORE JUDGMENT 1 Her Honour: Judgment is reserved in this matter. The Applicant has filed a Notice of Motion dated 21 January 2010 seeking leave to reopen the case to introduce a certificate of status of land issued under s 177(1) of the Crown Lands Act 1989 (the CL Act). Leave to reopen is not opposed by the Applicant and I consider that leave should be granted as the material is relevant to the matters in issue. Accordingly, the affidavit of David John Adams dated 21 January 2010 to which the certificate is attached was read.