Eurobodalla Shire Council v Registrar General & Ors [2000] NSWSC 1196

Eurobodalla Shire Council v Registrar General & Ors [2000] NSWSC 1196

The s25A notification did not provide that the land was restored to or vested in Her Majesty and did not reverse the council's ownership. The land therefore was not Crown land within the meaning of the Crown Lands Consolidation Act 1913, and in any event had become permanently dedicated for a public purpose. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 2000
Procedural Posture
Equity Proceeding Seeking Declarations and an Order Concerning Title to Land / Judgment After Hearing
Outcome
Plaintiff entitled to declarations generally in the form claimed and to an order for a folio in the Register to be created showing it as registered proprietor; further argument required on the form of orders and costs.
Legal Topics
['effect of Notification Under S25 a of the Crown Lands Consolidation Act 1913' 'whether Land Ceased to Be Land Under the Real Property Act 1900 and Became Crown Land' "whether Council's Fee Simple Interest Was Determined" 'cancellation of Certificate of Title' 'claimable Crown Land Under S36(1) of the Aboriginal Land Rights Act 1983']
['real Property' 'torrens Title' 'crown Land' 'aboriginal Land Rights'] ['effect of Notification Under S25 a of the Crown Lands Consolidation Act 1913' 'whether Land Ceased to Be Land Under the Real Property Act 1900 and Became Crown Land' "whether Council's Fee Simple Interest Was Determined" 'cancellation of Certificate of Title' 'claimable Crown Land Under S36(1) of the Aboriginal Land Rights Act 1983']

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Procedural Posture

Equity Proceeding Seeking Declarations and an Order Concerning Title to Land / Judgment After Hearing

Legal Issues

  1. 1 ["Whether Gazette notices under s25A and s28 of the Crown Lands Consolidation Act 1913 had the effect of determining Eurobodalla Shire Council's interest in the land." 'Whether the land reverted to or became Crown land vested in Her Majesty as the Registrar-General assumed.' 'Whether the Registrar-General had authority to cancel the certificate of title and remove the land from the Torrens Register.' 'Whether the plaintiff was entitled to declarations that the land was not vested in Her Majesty on 8 December 1989 and remained vested in the council.']

Ratio Decidendi

The s25A notification did not provide that the land was restored to or vested in Her Majesty and did not reverse the council's ownership. The land therefore was not Crown land within the meaning of the Crown Lands Consolidation Act 1913, and in any event had become permanently dedicated for a public purpose. The s25A notification authorised dealings such as the s28 declaration adding the land to a reserve, but that did not alter ownership. As the land remained vested in the council and remained land under the Real Property Act 1900, there was no authority to cancel the certificate of title or remove the land from the Register.

Court Disposition

Plaintiff entitled to declarations generally in the form claimed and to an order for a folio in the Register to be created showing it as registered proprietor; further argument required on the form of orders and costs.

Orders

  • ['Declaration that the land was not vested in Her Majesty on 8 December 1989.' 'Appropriate declarations as to the estate in the land to which the plaintiff is entitled.' 'An appropriate order for a folio in the Register to be created showing the plaintiff as the registered proprietor of the land.' 'Further argument...