Permanent Trustee Co of New South Wales Ltd v Campbelltown Municipal Council

Permanent Trustee Co of New South Wales Ltd (the plaintiff) sought a declaration that it was entitled to a right of way over land owned by Campbelltown Municipal Council (the defendant). The plaintiff alleged that this right of way had been created by a dedication in a plan of subdivision registered in 1923, which showed a strip of land designated as a "road". The defendant argued that the plaintiff had no such right, contending that the dedication was not effective to create a public road and that, in any event, the plaintiff had not established a private right of way.

The High Court of Australia was required to determine whether the registration of the plan of subdivision, which depicted a strip of land as a "road", constituted an effective dedication of that land as a public road. Further, the Court had to consider whether, if the dedication was not effective to create a public road, the circumstances of the registration and the subsequent use of the strip of land gave rise to a private right of way in favour of the plaintiff.

The Court held that the registration of the plan of subdivision did not, in itself, constitute an effective dedication of the strip of land as a public road. It was necessary for the Crown or the relevant local authority to accept the dedication. In this instance, there was no evidence of such acceptance. However, the Court found that the circumstances surrounding the registration of the plan and the subsequent conduct of the parties indicated an intention to create a private right of way for the benefit of the lots shown on the plan, including the plaintiff's land. The Court applied principles relating to the creation of easements by express or implied grant, considering the intention of the parties at the time of the subdivision.

The High Court ordered that the plaintiff was entitled to a right of way over the strip of land in question.