The Owners – Strata Plan No 5225 v Registrar General of New South Wales

The Owners – Strata Plan No 5225 brought a proceeding against the Registrar General of New South Wales, contesting the Registrar's decision to reject their claim that a strip of land was a public road. The strip of land in question had been described as a road in a subdivision created before 1906, and it had been used and maintained by the public and the Council. The dispute centred on whether this strip of land qualified as a public road under common law and the applicable statutory provisions of the Local Government Act, 1919.

The primary legal issues before the court were whether the strip of land had been dedicated as a public road at common law, and if the exercise of power under s224(3) of the Local Government Act, 1919, was subject to the requirements of s327 of the same Act. Additionally, the court had to consider whether the body corporate had the standing to bring the proceeding and if the requirements of adverse possession were met.

The court found that the strip of land had not been dedicated as a public road at common law because it had not been accepted and used by the public in the manner required by law. The court further held that the exercise of power under s224(3) of the Local Government Act, 1919, did not fall within the scope of s327 of the same Act. The court also determined that the body corporate had standing to bring the proceeding, but it found that the Owners had not established exclusive physical control over the land with the intention to possess it as against the whole world. Consequently, the court dismissed the Owners' claim.

The final orders of the court were that the Owners' claim was dismissed, and the Registrar General's decision was affirmed. The Owners were ordered to pay the Registrar General's costs of the proceeding.