Crane v Waverley Council [2012] NSWLEC 142

Crane v Waverley Council [2012] NSWLEC 142

In context, the 29 November 2011 notice was not a defective proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 but a notice attempting to locate the owner of the land as a step towards obtaining Ministerial approval to issue a proposed acquisition notice under s 187 of the Local Government Act 1993. The possessory title claim was not pressed except for a non-contentious finding that steps had been taken towards an application to the Registrar-General. The owner identity declaration should not be made because the ownership question would arise only if and after Ministerial approval to give a proposed acquisition notice, and the statutory scheme was...

Jurisdiction
Australia
Judgment Date
26 June 2012
Procedural Posture
Class 4 Judicial Review Proceedings Concerning Proposed Compulsory Acquisition of Land / Principal Judgment After Hearing
Outcome
Proceedings dismissed. Applicants to pay respondent's costs from and including 20 April 2012, with no order as to costs prior to that date.
Legal Topics
['judicial Review' 'proposed Acquisition Notice' 'compulsory Acquisition' 'possessory Title' 'identity of Owner of Land' 'costs']
['administrative Law' 'land Acquisition' 'local Government' 'property Law'] ['judicial Review' 'proposed Acquisition Notice' 'compulsory Acquisition' 'possessory Title' 'identity of Owner of Land' 'costs']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings Concerning Proposed Compulsory Acquisition of Land / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the notice dated 29 November 2011 was a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 and was unlawful for non-compliance with statutory requirements.' 'Whether the applicants had or could establish possessory title to much of Lot 12 DP 1153358.' 'Whether the Court should declare that the land was owned by the executors of Marianne Fletcher who died in 1937.' 'What costs order should be made.']

Ratio Decidendi

In context, the 29 November 2011 notice was not a defective proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 but a notice attempting to locate the owner of the land as a step towards obtaining Ministerial approval to issue a proposed acquisition notice under s 187 of the Local Government Act 1993. The possessory title claim was not pressed except for a non-contentious finding that steps had been taken towards an application to the Registrar-General. The owner identity declaration should not be made because the ownership question would arise only if and after Ministerial approval to give a proposed acquisition notice, and the statutory scheme was...

Court Disposition

Proceedings dismissed. Applicants to pay respondent's costs from and including 20 April 2012, with no order as to costs prior to that date.

Orders

  • ['The proceedings are dismissed.' "The applicants are to pay the respondent's costs from and including 20 April 2012. No order as to costs prior to that date." 'The exhibits may be returned.']