Crane v Waverley Council [2012] NSWLEC 142

Land and Environment Court New South Wales

Medium Neutral Citation: Crane v Waverley Council [2012] NSWLEC 142 Hearing dates: 19 June 2012 Decision date: 26 June 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: Proceedings dismissed. Applicants to pay respondent's costs from 20 April 2012. Catchwords: JUDICIAL REVIEW - whether a notice concerning compulsory acquisition was a proposed acquisition notice and, if so, whether it was unlawful under the Land Acquisition (Just Terms Compensation) Act 1991 - possessory title claim - claim as to identity of owner of land. Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 ss 4, 11, 12, 13, 14, 15, 19, 33, 37, 39, 40, 46, Parts 2, 3 Limitation Act 1969 s 65(1) Local Government Act 1993 ss 186, 187, 188, 674, 676 Real Property Act 1900 ss 45D(1), 122(1) Local Government (General) Regulation 2005 cl 401 Texts Cited: P Butt, Land Law, 6th ed (2010) Lawbook Co Department of Local Government, Guidelines for the Compulsory Acquisition of Land by Councils (June 2006) Category: Principal judgment Parties: Samuel Crane (First Applicant) Pamela Frances Bailey (Second Applicant) Waverley Council (Respondent) Representation: COUNSEL: Mr J Van Aalst (Applicants) Mr A Galasso SC (Respondent) SOLICITORS: Szabo and Associates (Applicants) Norton Rose (Respondent) File Number(s): 40110 of 2012