NSW Caselaw
Reported Decision : 111 LGERA 124
New South Wales Supreme Court
CITATION : Scharer v State of New South Wales [2000] NSWSC 1031 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4143/99 HEARING DATE(S) : 20/10/00, 24/10/00, 25/10/00 JUDGMENT DATE : 25 October 2000
PARTIES : Geoffrey Francis Scharer (Plaintiff) State of New South Wales (Defendant) JUDGMENT OF : Santow J
COUNSEL : J Ireland, QC (Plaintiff) M Leeming (Defendant) SOLICITORS : Eddy & Maloney (Plaintiff) Vivienne Ingram, Solicitor for The National Parks and Wildlife Service (Defendant) CATCHWORDS : LOCAL GOVERNMENT — Is jurisdiction of Supreme Court excluded in favour of Land & Environment Court to adjudicate a claim to establish and enforce a pre-existing right of way now in a National Park — Relevance of power to award damages. Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED : Land and Environment Court Act 1979, s20; s71; s72; National Parks & Wildlife Act, s153(3) CASES CITED : Law Society of New South Wales v Weaver [1974] 1 NSWLR 271 National Parks and Wildlife Service & Anor v Stables Perisher Pty Ltd in (1990) 71 LGRA 286 DECISION : Matter transferred to Land & Environment Court.
REVISED — 7 November, 2000 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY
SANTOW J
No. 4143/99 GEOFFREY FRANCIS SCHARER Plaintiff STATE OF NEW SOUTH WALES Defendant
JUDGMENT — ex tempore 25 October 2000
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