Austlii (Supreme Court of New South Wales) REAL PROPERTY – Crown lands – licence granted by Crown over site of jetty and slipway on bank of tidal river – nature of rights created – whether jetty and slipway are fixtures – effect of provisions of licence declaring them to be ‘property of’ licensee but precluding alteration, removal and destruction while licence subsists – common law rights of public in relation to tidal foreshore – attenuation thereof by statute – TORTS – trespass to land – whether contractual licensee without right of exclusive possession may maintain action in trespass – Manchester Airport plc v Dutton considered – EQUITY – declaratory relief – whether court should at suit of A declare B’s rights against C – lack of utility – postulated rights inconsistent with statutory provision
Judges:
Barrett J
Citations:
(2004) 62 NSWLR 534, [2004] NSWSC 1096
Links:
Jurisdiction:
Australia
Cited by:
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 23 November 2022; Ref: scu.420963