Laycock v Registrar General of New South Wales

Solicitors: Legal Services, Land & Property Information, Department of Finance and Services (First defendant) Crown Solicitor (Second defendant) File Number(s): SC 2011/68579

EX TEMPORE Judgment 1These proceedings arise out of a transfer of land at Putty, New South Wales by Daniel Stephen Ellis to George Henry Gibbs, William Fraser and Wilfred Cobcroft on 7 February 1918. The transfer was expressed as being "Upon Trust for the use of the residents of Putty for public, religious and social gatherings and for such other purposes as the said residents may from time to time determine" ("the Trust"): see page 25 of Exhibit A (all page references hereafter are to Exhibit A). At the same time, a caveat was lodged against any dealings inconsistent with the Trust: see page 30. It was a Registrar General's caveat which was the type of caveat utilised at that time and for many years afterwards. 2The land had built upon it a community hall. By 1983, all of the three named trustees had died, the last surviving trustee being Mr Cobcroft. 3In 1986, a meeting was held at the hall which was described as the first meeting of the Putty Social Committee, and the meeting purported to appoint as trustees Mr John Kevin Laycock, the plaintiff in these proceedings, Mr Kendall Murray Ferguson, the third defendant in these proceedings, and a Mr Owen Ellis, who himself passed away some years ago. 4In July 1986, Messrs Laycock, Ferguson and Ellis were registered as proprietors of the land pursuant to application number W389434. There has apparently been tension in the Putty community over the years. In part, this may be due to the creation of the Putty Community Association Inc ("PCA"), established in 1987 as an unincorporated association. In 2002 the PCA was incorporated pursuant to the Associations Incorporation Act 1984. The PCA is the fourth defendant in these proceedings. The Attorney General of New South Wales has been joined as the second defendant in these proceedings. 5The first defendant, the Registrar General of New South Wales, has filed a submitting appearance in the proceedings and has indicated through correspondence that he undertakes not to register any other person as the registered proprietor of the land until the conclusion of these proceedings: see Exhibit 3D1. 6Mr Laycock commenced these proceedings by his summons, which is at page 2, tab 2 of Exhibit A. In those summons he seeks the following relief: "Relief claimed