Her Majesty's Attorney General in and for the State of New South Wales v Northern Star Ltd

The Attorney-General for New South Wales, acting on behalf of the Crown, brought proceedings against Northern Star Ltd. The dispute concerned the Crown's entitlement to certain foreshore land and the adjacent waters of the Hunter River, and whether Northern Star Ltd had unlawfully encroached upon this land. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the Crown retained ownership of the foreshore land and waters in question, and if so, whether Northern Star Ltd's activities constituted an infringement of the Crown's rights. Specifically, the court had to determine the nature and extent of the Crown's proprietary rights in the foreshore and navigable waters of the Hunter River, and the legal basis for any claim of encroachment by the company.

The Court of Appeal considered the historical development of Crown ownership of navigable waters and foreshore in New South Wales, applying principles of common law and relevant statutory provisions. The court analysed the evidence presented regarding Northern Star Ltd's operations and their proximity to the disputed areas. Ultimately, the court found that the Crown had established its proprietary rights over the relevant foreshore and waters, and that Northern Star Ltd's activities had indeed encroached upon these rights. The court affirmed the Crown's entitlement to the land and waters, and found Northern Star Ltd liable for the unlawful encroachment.