The Owners - Strata Plan No. 69628 v Manly Council [2007] NSWSC 1137

New South Wales Supreme Court

CITATION : The Owners - Strata Plan No. 69628 v Manly Council [2007] NSWSC 1137

HEARING DATE(S) : 11/10/2007

JUDGMENT DATE : 18 October 2007

JUDGMENT OF : Associate Justice Malpass

DECISION : I consider that the appeal should be allowed. The decision and orders of the Magistrate are set aside. Whilst I consider that the proceedings in the Local Court as they are presently constituted should be dismissed, I reserve future consideration of that matter until the defendant has had an opportunity to consider whether or not it wishes to make application to amend the Statement of Claim. The defendant is to pay the costs of the Summons. If so entitled, it is to have a certificate under the Suitors Fund Act.

CATCHWORDS : Power of Roads Authority to grant a short-term lease - of unused public roads - notice - compliance - conditions to exercise of power

LEGISLATION CITED : Roads Act 1993 (NSW)

McRae v Coulten (1986) 7 NSWLR 644 CASES CITED : Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Connell (1944) 69 CLR 407 Tasker v Fullwood [1978] 1 NSWLR 20

PARTIES : The Owners - Strata Plan No. 69628 Manly Council

FILE NUMBER(S) : SC 12750/07

COUNSEL : Mr D. H. Murr SC (Pl) Mr J. E. Armfield (Def)

SOLICITORS : Harris & Company (Pl) Home Wilkinson Lowry, Lawyers (Def)

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 13582/05

LOWER COURT JUDICIAL OFFICER : Lulham LCM

LOWER COURT DATE OF DECISION : 04/05/2007

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