Wentworth Park Sporting Complex Trust v Leichhardt Council [2002] NSWLEC 152

Wentworth Park Sporting Complex Trust v Leichhardt Council [2002] NSWLEC 152

The subject land was not land owned by the Crown because the 1878 dedication in perpetuity of Wentworth Park as a park or place of public recreation vested its beneficial use and enjoyment in the public and no legislation had discharged that dedication. The Applicant was nevertheless an owner for rating purposes because it received rents and profits as trustee and had an estate under Crown Lands Act 1989, s 100. In any event, assuming Crown ownership, the dominant use of the land under licences for greyhound racing meant the land was held under a lease for private purposes. The exemption in Local Government Act 1993, s 555(1)(a) was therefore not established.

Jurisdiction
Australia
Judgment Date
02 September 2002
Procedural Posture
Appeal Pursuant to Local Government Act 1993, S 574 Against Rates and Charges Notices / Judgment After Hearing
Outcome
Appeal dismissed; the subject land is not exempt from rates under Local Government Act 1993, s 555(1)(a).
Legal Topics
['exemption From Rates' 'land Owned by the Crown' 'lease for Private Purposes' 'reserve Trusts' 'wentworth Park Greyhound Racing Complex']
['local Government' 'rating' 'crown Land' 'land Law'] ['exemption From Rates' 'land Owned by the Crown' 'lease for Private Purposes' 'reserve Trusts' 'wentworth Park Greyhound Racing Complex']

Case Brief

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Procedural Posture

Appeal Pursuant to Local Government Act 1993, S 574 Against Rates and Charges Notices / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the subject land was relevantly land owned by the Crown within the meaning of Local Government Act 1993, s 555(1)(a).' 'If the subject land was owned by the Crown, whether it was not held under a lease for private purposes within the meaning of Local Government Act 1993, s 555(1)(a).' 'Whether the Applicant was an owner of the subject land for liability to rates under the Local Government Act 1993.']

Ratio Decidendi

The subject land was not land owned by the Crown because the 1878 dedication in perpetuity of Wentworth Park as a park or place of public recreation vested its beneficial use and enjoyment in the public and no legislation had discharged that dedication. The Applicant was nevertheless an owner for rating purposes because it received rents and profits as trustee and had an estate under Crown Lands Act 1989, s 100. In any event, assuming Crown ownership, the dominant use of the land under licences for greyhound racing meant the land was held under a lease for private purposes. The exemption in Local Government Act 1993, s 555(1)(a) was therefore not established.

Court Disposition

Appeal dismissed; the subject land is not exempt from rates under Local Government Act 1993, s 555(1)(a).

Orders

  • ['The appeal be dismissed.' 'Exhibits be returned.' 'Question of costs be reserved.']