Sydney City Council v. Griffin Corporation P/L [2003] NSWSC 26

New South Wales Supreme Court

CITATION : Sydney City Council v. Griffin Corporation P/L [2003] NSWSC 26 HEARING DATE(S) : 04/12/02 JUDGMENT DATE : 10 February 2003 JURISDICTION: Equity JUDGMENT OF : Bryson J at 1 DECISION :

CATCHWORDS : REAL PROPERTY - ROADS - dedication of laneway in City of Sydney by leaving open and use - City Council claimed title to laneway off King Street between Kent and Clarence Streets - deemed dedication under Alignment of Sydney Streets Act 1834 s.3 and vesting under Sydney Corporation Act 1879 - s.67 - Old System land - claim not contentious - consideration of dedication of roads under Common Law assisted by 19th Century legislation - examination of evidence from 19th Century plans and records led to finding that lane was open to public, used and deemed dedicated before 1879 and hence title vested in City Council. Real Property Act 1900 Claims to Grants Act 1835 Sydney Corporation Act 1879 The Australian Courts Act 1828 Local Government Act 1906 ss99 to 101 LEGISLATION CITED : Local Government Act 1919 s323 Alignment of Sydney Streets Act 1834 Police Act 1838, 2 Vic. No. 2 Sydney Corporation Act 1879; Interpretation Act 1899 s.8(b) Conveyancing Act 1919 Sydney Streets Act 1834 Newington v. Windeyer (1985) 3 NSWLR 555 Permanent Trustee Co of New South Wales v. Campbelltown Municipal Council (1910) 105 CLR 401 CASES CITED : Attorney General v. The City Bank of Sydney (1920) 20 SR NSW 216 Turner v. Walsh (1881) 6 App Cas 636 Folkestone Corporation v. Brockman [1914] AC 338 Kent St Pty Ltd v. The Council of the City of Sydney [2001] NSWSC 268 PARTIES : The Council of the City of Sydney - Plaintiff Griffin Corporation Pty Ltd & Ors - Defendant FILE NUMBER(S) : SC 2712/01 COUNSEL : B.A. Coles QC & J. Needham - Pltf SOLICITORS : Abbott Tout - Pltf