Lorne Foreshore Committee of Management Inc v Gosling & Ors

The dispute in *Lorne Foreshore Committee of Management Inc v Gosling & Ors* [2007] HCA 56 concerned the interpretation of a Crown grant of land at Lorne, Victoria, and the extent of the powers of the Lorne Foreshore Committee of Management Inc (the Committee) to manage and control that land. The High Court of Australia was asked to determine whether the Committee had the power to grant a lease over a portion of the land to a third party, thereby restricting public access.

The central legal issue before the High Court was whether the Committee, as the appointed committee of management for the Crown land, possessed the authority to grant a lease over the land that would exclude the public from accessing that specific area. This required the Court to consider the nature of the Committee's statutory powers and duties under the relevant Victorian legislation, particularly in relation to the management of Crown land reserved for public purposes and the extent to which such management could involve exclusive private rights.

The High Court held that the Committee's powers were limited to managing the land for the benefit of the public and that granting a lease which excluded the public from a portion of the land was beyond its statutory authority. The Court reasoned that the purpose of the reservation of the land for public purposes, and the Committee's appointment to manage it, was to ensure public access and enjoyment, not to create exclusive private rights. The Court emphasised that any exercise of power by the Committee must be consistent with the public purpose for which the land was reserved. The appeal was dismissed.