Boensch v City of Parramatta Council (No 2) [2019] NSWLEC 1381

Land and Environment Court New South Wales

Medium Neutral Citation: Boensch v City of Parramatta Council (No 2) [2019] NSWLEC 1381 Hearing dates: 3-4 June 2019; Written submissions on 5, 12 and 22 July and 12 August 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Jurisdiction: Class 2 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) Exhibits A, B, C, G, H, 1 and 5 are returned. Catchwords: APPEAL – order issued by the Council to remove objects from a laneway – whether laneway is a public road – lane included in plan of subdivision and registered deposited plan – relevant statutory scheme considered – whether objects encroach or obstruct the public road Legislation Cited: Conveyancing Act 1919 Land and Environment Court Act 1979 Local Government Act 1919 (repealed) Local Government Act 1993 Local Government (Amendment) Act 1965 Local Government and Conveyancing (Amendment) Act 1964 Ordinance No 32 (11 August 1922) Real Property Act 1900 Road Rules 2014 Roads Act 1993 Cases Cited: Boensch v City of Parramatta Council [2019] NSWLEC 1249 Boensch v Parramatta City Council [2012] NSWSC 836 Commissioner for Railways v Dangar (1943) 15 LGR 101 Council of the City of Shoalhaven v The Director General National Parks and Wildlife Service [2004] NSWCA 163 Newington v Windeyer (1985) 3 NSWLR 555 Owners - Strata Plan No 5225 v Registrar General of New South Wales (2017) 225 LGERA 175 Re A Caveat by the Council of the Municipality of Botany; ex part Homelands Development Co Ltd (1936) 36 SR (NSW) 615 Re Lehrer and the Real Property Act [1961] 60 SR (NSW) 365 Sutherland Shire Council v Currey (1991) 73 LGRA 171 Xerual Pty Ltd v Auburn Council [1999] NSWLEC 64 Category: Principal judgment Parties: Franz Boensch (Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: C Campbell, Sparke Helmore Lawyers (Respondent)