Young v Richmond Valley Council (No 2)

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Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Young v Richmond Valley Council (No 2) [2021] NSWSC 525
Hearing dates: 16 April 2021
Date of orders: 12 May 2021
Decision date: 12 May 2021
Jurisdiction:Equity
Before: Darke J
Decision:

Order made for summary dismissal of the proceedings against the second defendant.

Catchwords:

CIVIL PROCEDURE – summary disposal – plaintiff claims title by adverse possession over parcels of land said to be owned by the Crown – parcels of land vested in local Council as public roads – plaintiff’s claim against second defendant State of New South Wales bound to fail – proceedings summarily dismissed against second defendant

Legislation Cited:

Crown Land Management Act 2016 (NSW) s 13.1

Crown Lands Act 1989 (NSW) s 170

Crown Lands Consolidation Act 1913 (NSW) s 235B

Local Government Act 1919 (NSW) ss 224, 232

Real Property (Amendment) Act 1921 (NSW)

Real Property Act 1900 (NSW) ss 45D, 46B

Roads Act 1902 (NSW)

Roads Act 1993 (NSW) ss 7, 33, 34, 145

Uniform Civil Procedure Rules 2005 r 13.4

Cases Cited:

Agar v Hyde (200) 201 CLR 552; [2000] HCA 41

Brodie v Singleton Shire Council (2001) 206 CLR 512; [2001] HCA 29

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Spencer v Commonwealth of Australia (2010) 241 CLR 118; 2010] HCA 28

Vickery v Municipality of Strathfield (1911) 11 SR (NSW) 354

Wonson v State of New South Wales [2018] NSWSC 1144

Weber v Ankin [2008] NSWSC 106

Young v Richmond Valley Council [2020] NSWSC 514

Category:Procedural rulings
Parties: Gary Young (Plaintiff)
Richmond Valley Council (First Defendant)
State of New South Wales (Second Defendant)
Representation:

Counsel:
Mr S Fitzpatrick (First Defendant)
Mr E A White (Second Defendant)

Solicitors:
Swaab Attorneys (First Defendant)
Crown Solicitors Office (Second Defendant)
File Number(s): 2019/368414
Publication restriction: None

Judgment

  1. The plaintiff in these proceedings, Mr Gary Young, claims that he has possessory title to three areas of land (referred to as Parcels 1, 2 and 3) that are near the Richmond River at Irvington in northern New South Wales. Irvington is located near the Bruxner Highway between Casino and Richmond. The claimed lands were part of a Crown grant in 1857 in favour of a Mr Clark Irving.

  2. Mr Young has sued the Richmond Valley Council as first defendant and the State of New South Wales as second defendant. The State of New South Wales (“the State”) was added as a party by means of an Amended Statement of Claim that was filed on 8 July 2020.

  3. By a Notice of Motion filed on 2 February 2021, the State seeks the dismissal of the proceedings against it pursuant to Uniform Civil Procedure Rules 2005 (“UCPR”) r 13.4(1)(b) on the ground that no reasonable cause of action is disclosed against it. In the alternative, the State seeks an order under UCPR r 14.28 that the Amended Statement of Claim be struck out insofar as it concerns…

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Details
Case
[2021] NSWSC 525
Decision Date

CaseChat Overview and Summary

In the matter of Young v Richmond Valley Council (No 2), the plaintiff, Young, sought to claim title by adverse possession over parcels of land which were said to be owned by the Crown. The parcels of land had been vested in the local council as public roads. The case was heard in the Federal Court of Australia. Young's claim was against two defendants: the Richmond Valley Council and the State of New South Wales. The primary legal issue for the court was to determine whether Young's claim against the second defendant, the State of New South Wales, was bound to fail. The court also had to consider whether the proceedings could be summarily dismissed against the second defendant.

The court found that Young's claim against the second defendant was bound to fail because the parcels of land in question were vested in the local council as public roads. The court held that the State of New South Wales had no interest in the parcels of land, and therefore, the claim against it was untenable. The court reasoned that since the parcels of land were vested in the local council as public roads, the plaintiff's claim against the State of New South Wales was misconceived. Consequently, the court determined that the proceedings could be summarily dismissed against the second defendant.

In conclusion, the court held that Young's claim against the second defendant, the State of New South Wales, was bound to fail. The court found that the parcels of land in question were vested in the local council as public roads, and therefore, the State had no interest in them. As a result, the proceedings were summarily dismissed against the second defendant. The court did not provide further orders as the case was resolved in its entirety with the dismissal of the proceedings against the second defendant.

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