Stockland (Constructors) Pty Ltd v Allan Richard Carriage [2002] NSWSC 1179

Stockland (Constructors) Pty Ltd v Allan Richard Carriage [2002] NSWSC 1179

The defendant does not have a caveatable interest in the plaintiff's land as the relics are deemed the property of the Crown under s 33D of National Parks and Wildlife Act 1967 and s 83 of National Parks and Wildlife Act 1974, and the defendant is not a registered Aboriginal Owner under the statutory regime. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 December 2002
Procedural Posture
Application for Removal of Caveat / Judgment
Outcome
Caveat removed
Legal Topics
['caveats' 'aboriginal Objects and Relics' 'equitable Interests in Land' 'statutory Interpretation of National Parks and Wildlife Act' 'real Property Act' 'racial Discrimination Act']
['property Law' 'equity' 'aboriginal and Torres Strait Islander Law'] ['caveats' 'aboriginal Objects and Relics' 'equitable Interests in Land' 'statutory Interpretation of National Parks and Wildlife Act' 'real Property Act' 'racial Discrimination Act']

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Procedural Posture

Application for Removal of Caveat / Judgment

Legal Issues

  1. 1 ['Does the defendant hold a caveatable interest in the subject properties by reason of Aboriginal custodial ownership or equitable interest in relics?' 'Construction of s 33D of National Parks and Wildlife Act 1967 and s 83 & s 85A of National Parks and Wildlife Act 1974' 'Entitlement of the defendant to be registered as an Aboriginal Owner under the statutory regime' 'Effect of statutory vesting of relics in the Crown on possible interests held by the defendant']

Ratio Decidendi

The defendant does not have a caveatable interest in the plaintiff's land as the relics are deemed the property of the Crown under s 33D of National Parks and Wildlife Act 1967 and s 83 of National Parks and Wildlife Act 1974, and the defendant is not a registered Aboriginal Owner under the statutory regime. The Director-General's statutory discretion to return relics under s 85A NPW Act is limited to registered Aboriginal Owners and does not confer an equitable interest in land to the defendant.

Court Disposition

Caveat removed

Orders

  • ['Order made for removal of caveat number 9096593A within twenty-four hours from the date of the order.']