Down v Attorney-General (Qld)

The applicant, Down, sought declarations and an injunction against the Attorney-General (Qld) concerning the management of land dedicated as a public park under the *Public Parks Act 1854* (Qld) and subsequently managed by trustees appointed under the *Trustees of Public Lands Act 1869* (Qld). The core of the dispute involved allegations of a breach of trust by the trustees in their administration of the park.

The central legal issues before the Full Court of the High Court of Australia were whether the trustees had acted in breach of their trust obligations in their management of the park, and if so, what relief, including declarations and injunctive orders, was appropriate. The court was required to interpret the scope of the trustees' powers and duties under the relevant legislation and the common law principles of trust.

The court considered the nature of the trust created by the dedication of the land as a public park and the statutory framework governing the trustees' powers. It was held that the trustees had a duty to manage the park for the benefit of the public, consistent with the purposes for which it was dedicated. The court examined the specific actions of the trustees challenged by the applicant and determined whether these actions were within their lawful powers and consistent with their fiduciary obligations. The court applied established principles of trust law, including the duty to act in good faith, to exercise powers for the proper purpose, and to avoid conflicts of interest.

The court made declarations regarding the proper administration of the trust and issued an injunction to restrain the trustees from continuing certain actions found to be in breach of trust. Costs were also ordered.