Adams v Great Lakes Council [2010] NSWLEC 14

Adams v Great Lakes Council [2010] NSWLEC 14

Where the purpose of proceedings is to determine ownership—which encompasses title—of land, s 177(2) of the Crown Lands Act 1989 precludes the admissibility of a ministerial certificate as to status of land under s 177(1).

Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Notice of Motion / Application for Leave to Reopen to Tender Certificate; Admissibility of Evidence Contested
Outcome
Certificate under s 177(1) of the Crown Lands Act 1989 is not admissible in these proceedings; leave to reopen granted.
Legal Topics
['admissibility of Crown Land Certificate' 'interpretation of Crown Lands Act 1989 S 177(2)' "owner's Consent for Development Applications" 'definition of Title Vs Ownership']
['administrative Law' 'environmental Law' 'property Law' 'evidence'] ['admissibility of Crown Land Certificate' 'interpretation of Crown Lands Act 1989 S 177(2)' "owner's Consent for Development Applications" 'definition of Title Vs Ownership']

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Procedural Posture

Notice of Motion / Application for Leave to Reopen to Tender Certificate; Admissibility of Evidence Contested

Legal Issues

  1. 1 ["Whether a certificate of status of land issued under s 177(1) of the Crown Lands Act 1989 is admissible in proceedings to determine who can give owner's consent for development under the Environmental Planning and Assessment Act 1979" 'Whether s 177(2) of the Crown Lands Act precludes admissibility of such a certificate where the proceedings involve determining title to land']

Ratio Decidendi

Where the purpose of proceedings is to determine ownership—which encompasses title—of land, s 177(2) of the Crown Lands Act 1989 precludes the admissibility of a ministerial certificate as to status of land under s 177(1).

Court Disposition

Certificate under s 177(1) of the Crown Lands Act 1989 is not admissible in these proceedings; leave to reopen granted.

Orders

  • []