Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserve Trust v Thompson

The Bathurst Regional Council, acting as trustee for the Bathurst City Council Crown Reserve Trust, brought proceedings against Mr. Thompson. The dispute concerned the Council's right to enter Mr. Thompson's land to carry out works on a Crown reserve. Mr. Thompson had refused the Council access, asserting his proprietary rights over the land. The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Council, in its capacity as trustee of a Crown reserve, possessed the legal authority to enter and carry out works on land that was privately owned by Mr. Thompson, notwithstanding his proprietary rights. This involved an examination of the scope of powers conferred upon trustees of Crown reserves under relevant legislation and the extent to which such powers could override private property rights.

The High Court determined that the Council's statutory powers as trustee of the Crown reserve did not extend to authorising entry onto privately owned land without the consent of the landowner or a specific statutory provision permitting such entry. The Court reasoned that while the Council had a duty to manage and maintain the Crown reserve, this duty did not grant it an unfettered right to trespass on adjoining private property. The Court emphasised that statutory powers must be exercised within their defined limits and that the common law rights of landowners are not to be infringed unless expressly permitted by statute.

The High Court dismissed the Council's appeal, upholding the decision of the lower court.