City of Canada Bay Council v Bonaccorso Pty Ltd [2007] NSWCA 351

New South Wales Court of Appeal

CITATION: City of Canada Bay Council v Bonaccorso Pty Ltd [2007] NSWCA 351

HEARING DATE(S): 26 September 2007

JUDGMENT DATE: 10 December 2007

JUDGMENT OF: Mason P; Tobias JA; Young CJ in Eq

DECISION: (a) Appeal allowed; (b) Set aside Declarations 2 and 3 and Orders 2 and 3 made by Biscoe J on 5 April 2007; (c) Reserve liberty to the parties to apply in writing only by 4pm on or before 30 January 2008 with respect to Order 5 made by Biscoe J on 5 April 2007 and as to whether this Court should make any orders with respect to the costs of the proceedings in the Land and Environment Court; (d) The first respondent to pay the costs of the appeal but to have a certificate under the Suitor's Fund Act, 1951 if otherwise qualified.

CATCHWORDS: BUILDING CONTROL AND TOWN PLANNING – Community Land – Classification of land as Community Land - Local Government Act 1993, Sch 7 cl 6(2) - ENVIRONMENT LAW – Parks and reserves – Whether Community Land - Local Government Act 1993, Sch 7 cl 6(2) - TORRENS SYSTEM – Indefeasibility of title – Whether statute forbidding transferor to dispose of land overrides indefeasibility of transferee's registered title - STATUTES – Implied Repeal – Inconsistent statutes – Sequential effect – Whether a later statute which renders a transfer of land null and void is inconsistent with the indefeasibility provisions of the Real Property Act - Local Government Act 1993, s 45(1) - COURTS AND JUDGES – Courts – Jurisdiction and Powers – Power of courts to order rectification of the Torrens Register - Land and Environment Court Act 1979, s 20(2), Real Property Act 1900, s 138 - WORDS AND PHRASES – Community Land -

Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: Local Government Act 1919 Local Government Act 1993 Real Property Act 1900