Save Little Manly Beach Foreshore Inc v Manly Council (No 2)

Save Little Manly Beach Foreshore Inc initiated proceedings against Manly Council in the Supreme Court of New South Wales, arguing that certain parcels of land were misclassified and should be recognised as community land under the Local Government Act 1993. The dispute centred around two specific properties located at 34 Stuart Street and 36 Stuart Street, Manly, which the applicant claimed were intended for public benefit and had been wrongfully treated as private assets. The applicant sought declarations to this effect, as well as an injunction to prevent the respondent from disposing of the land until the classification issue was resolved.

The primary legal issue before the court was whether the respondent had correctly classified the properties in question. The applicant contended that the land was intended to be held in trust for the public and was therefore community land, subject to the provisions of the Act. The respondent argued that the properties were not subject to a trust and should not be classified as community land. The court had to determine whether the respondent's classification of the land was consistent with the requirements of the Local Government Act 1993 and whether there was a public trust over the land.

In its judgment, the court found that the respondent's classification of the land was incorrect. The court held that the properties at 34 Stuart Street and 36 Stuart Street were indeed community land and were subject to a trust for a public purpose. The court found that the land had been intended for public use and was not subject to private disposition. Consequently, the court declared that the respondent's land at these addresses was community land and ordered an injunction to prevent the respondent from selling, exchanging, or otherwise disposing of the land. Additionally, the court ordered the respondent to pay the applicant's costs. The respondent was granted liberty to apply on three days' notice, and the exhibits were to be returned.