Wentworth Park Sporting Complex Trust v Leichhardt Council
[2002] NSWLEC 152
At a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
2002-03-06
Before
Bignold J, Sugerman J
Source
Original judgment source is linked above.
Judgment (49 paragraphs)
- The Applicant is a Reserve Trust established under s 92(1) of the Crown Lands Act 1989 in respect of the subject land.
- The Applicant is shown in folio identifier 678/729635 as the registered proprietor of the subject land. The notifications recorded in the Second Schedule of the folio identifier evidence the facts that the land is "part of Wentworth Park proclaimed 10 November 1885" and that the land is "a reserve within the meaning of Part 5 of the Crown Lands Act 1989 and is subject to the provision of that Act in particular see restrictions on dealings under section 102"
- The subject land forms part of the land reclaimed under the authority of the Blackwattle Bay Land Reclamation Act 1873 the whole of which reclaimed land was declared by the Blackwattle Bay Land Reclamation Amendment Act 1878 to be set aside and dedicated in perpetuity as a park or place of public recreation and the whole of which reclaimed land was by proclamation of the Governor published in the Government Gazette of 10 November 1885 declared to be the subject to the provisions of the Public Parks Act 1884 and to be known as Wentworth Park.
- Since the 1885 proclamation was made the subject land (forming part of Wentworth Park) has been under the care control and management of statutory trustees successively appointed (or deemed to be appointed) pursuant to the Public Parks Act 1854, 1884, 1902 and 1912 or the Crown Lands Consolidation Act 1913 or the Crown Lands Act 1989.