Wentworth Park Sporting Complext Trust v Leichhardt Council [2003] NSWCA 162

Wentworth Park Sporting Complext Trust v Leichhardt Council [2003] NSWCA 162

The appellant reserve trust was not a statutory body representing the Crown. The Crown Lands Act 1989 gave the Minister only limited or negative powers over reserve trusts and did not confer a general power to control and direct their statutory functions. The Act expressly made the Lands Administration Ministerial Corporation a statutory body representing the Crown but made no equivalent provision for reserve trusts. It followed that neither the substation land nor the racing track land was land owned by the Crown for s 555(1)(a) of the Local Government Act 1993, and each was rateable.

Jurisdiction
Australia
Judgment Date
25 June 2003
Procedural Posture
Appeal Concerning Whether Land Was Rateable Under the Local Government Act 1993 / Appeal From the Land & Environment Court Dismissed by the New South Wales Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['rateability of Land' 'reserve Trusts' 'whether a Statutory Body Represents the Crown' 'crown Land Exemption From Rates']
['local Government' 'crown Land' 'administrative Law'] ['rateability of Land' 'reserve Trusts' 'whether a Statutory Body Represents the Crown' 'crown Land Exemption From Rates']

Case Brief

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Procedural Posture

Appeal Concerning Whether Land Was Rateable Under the Local Government Act 1993 / Appeal From the Land & Environment Court Dismissed by the New South Wales Court of Appeal

Legal Issues

  1. 1 ['Whether the substation land and racing track land were exempt from rates as land owned by the Crown under s 555(1)(a) of the Local Government Act 1993.' 'Whether the appellant reserve trust was a statutory body representing the Crown within the definition of Crown in the Local Government Act 1993.' 'Whether the level of executive control under the Crown Lands Act 1989 was sufficient to make the appellant the alter ego of the Crown.']

Ratio Decidendi

The appellant reserve trust was not a statutory body representing the Crown. The Crown Lands Act 1989 gave the Minister only limited or negative powers over reserve trusts and did not confer a general power to control and direct their statutory functions. The Act expressly made the Lands Administration Ministerial Corporation a statutory body representing the Crown but made no equivalent provision for reserve trusts. It followed that neither the substation land nor the racing track land was land owned by the Crown for s 555(1)(a) of the Local Government Act 1993, and each was rateable.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']