Fox v Allchurch

In *Fox v Allchurch*, the High Court of Australia considered the validity of a by-law made by the Board of Governors of the Botanic Garden. The dispute concerned the control and management of Crown land dedicated as a public garden, specifically whether such control was vested in the Commissioner of Lands or the Board of Governors.

The central legal issue before the Court was the proper interpretation of the relevant legislation, namely the *Botanic Gardens Act 1901* (NSW) and the *Crown Lands Consolidation Act 1913* (NSW), to determine which body held ultimate authority over the Botanic Garden. This involved ascertaining whether the dedication of the land for public garden purposes divested the Commissioner of Lands of his general control under the latter Act, or if the *Botanic Gardens Act* conferred exclusive control upon the Board.

The High Court reasoned that the *Botanic Gardens Act* established a specific statutory regime for the management of the Botanic Garden, vesting control and management in the Board of Governors. The Court held that this specific legislation prevailed over the more general provisions of the *Crown Lands Consolidation Act* in relation to the land dedicated as a public garden. Consequently, the by-law made by the Board was found to be validly made within its statutory powers.