St Alder v Waverley Local Council

The case of *St Alder v Waverley Local Council* concerned a dispute over the validity of a lease or licence granted by Waverley Local Council in relation to a public reserve. The applicants, St Alder and others, sought to establish their rights under this purported lease or licence, while the Council asserted its invalidity. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the purported lease or licence granted by the Council was valid under the relevant legislation governing public reserves, and whether the doctrine of estoppel could operate to validate an agreement that contravened statutory requirements. Specifically, the Court had to consider the preconditions for the alienation of public land, including the necessity of ministerial consent.

The Court of Appeal held that the lease or licence was invalid because it failed to comply with the statutory preconditions for the alienation of public reserves, which included the requirement for ministerial consent. The Court affirmed the principle that estoppel cannot be invoked to create a legal right or interest that is expressly prohibited by statute. Therefore, even if the Council had acted in a way that might otherwise give rise to an estoppel, such an estoppel could not overcome the statutory prohibition against the creation of a valid lease or licence without adherence to the prescribed legislative framework.

The appeal was dismissed, and the appellants were ordered to pay the costs of the first and second respondents.